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HomeMy WebLinkAboutC-8208-2 - Big Canyon Restoration Project - Phase 2A100 Civic Center Drive Newport Beach, California 92660 94 9-644- 3005 1 949-644 -3039 FA < newportbeachca.gov June 8, 2022 Environmental Construction, Inc. Attn: Farid Soroudi 21550 Oxnard Street, Suite 160 Woodland Hills, CA 91367 Subject: Big Canyon Restoration Project — C-8208-2 Dear Mr. Soroudi: On June 8, 2021, the City Council of Newport Beach accepted the work for the subject project and authorized the City Clerk to file a Notice of Completion, to release the Labor & Materials Bond 65 days after the Notice of Completion had been recorded in accordance with applicable portions of the Civil Code, and to release the Faithful Performance Bond one year after Council acceptance. The Notice of Completion was recorded by the Orange County Recorder on June 9, 2021, Reference No. 2021000382864. The Surety for the contract is Vigilant Insurance Company and the bond number is 82447715. Enclosed is the Faithful Performance Bond. Sincerely, Leilani I. Brown, MMC City Clerk Enclosure Executed in Dilplicate EXHIBIT B CITY OF NEWPORT BEACH BOND NO. 8244771 FAITHFUL PERFORMANCE BOND The premium charges on this Bond is $ 10, 375.00 , being at the rate of $ First $500,000.00 $12.50 thousand of the Contract price. Next $485,349.00 $8.50 WHEREAS, the City of Newport Beach, State of California, has awarded to Environmental Construction, Inc. hereinafter designated as the "Principal," a contract for: "The work necessary for the completion, of this contract consists of the following items and all other incidental work items necessary to complete the work in place. The general project tasks are: 1. Project preparation including submittals and approvals; 2. Mobilization to the site; 3. Delineating project boundary with construction fencing; 4. Installing silt fencing and other stormwater best management practices (BMPs) specified in the SWPPP, over the extent of the project area especially along channel banks and steep slopes, for the entire construction period; 5. Clearing and grubbing (removal of pepper tree and non-native plants) including stump grinding, chipping, stockpiling mulch and hauling -off non -chipped material; 6. Selective pruning or removal of willows infested with Polyphagous Shot Hole Borer (PSHB) with subsequent chipping and stockpiling as specified in these provisions; 7. Installing improvement at storm drain outlet; 8. Grading back channel banks and/or excavating floodplain bench in select areas; 9. Backfilling tree removal voids and placing excess material in fill placement area; 10. Installing vegetated soil lifts (VSLs) as needed to reconstruct the channel banks with large voids from tree removal; 11. Within cleared areas, grading the floodplain to drain to the creek; 12. Spreading and mixing soil amendments into surface soils; 13. Installing temporary irrigation system; 14. Early planting and hydro seeding of steep slope area and creek banks/benches; 15. Installing remaining plantings and hydroseed areas including other areas disturbed by construction; 16. Installing erosion control fabric, straw wattles, and other stormwater BMPs as shown on the Drawings and specified in the SWPPP throughout the construction and Plant Establishment and Maintenance periods; 17. Maintaining seeded areas, plants and erosion control BMPs throughout the Plant Establishment and Maintenance Period. The project entails work directly adjacent to Big Canyon Creek, an active stream channel. Contractor shall phase and execute the work in a manner that prevents sediment and other pollutants from entering the creek. The creek shall be adequately isolated from work areas. The work may entail excavation and/or tree removal below the groundwater table. Contractor shall anticipate that groundwater and/or surface water may be encountered during the work. Contractor shall perform dewatering only as it deems necessary to perform the work. Contractor shall be aware that groundwater may contain potentially high selenium concentrations that could limit disposal options for any removed water. The work is in a public open space area. Contractor shall perform the work in a manner that ensures public's safety. Contractor will be able to limit public access within the limits of work. Contractor shall allow safe access to open space areas directly adjacent to the Work. The City will furnish native seed and one -gallon plants to be installed by the Contractor. The Contractor is responsible for transporting plant and seed materials to the site from vendors in southern California. Note Environmental Construction, Inc. Page B-1 that Contractor shall furnish and install all cuttings. Note that sensitive resources, such as nesting birds or protected plants or wildlife, as well as artifacts of archeological interest, may be encountered during construction. The City will hire monitors to assist the Contractor in identifying potential impacts during construction. In the event that a potential item of concern is discovered, Contractor shall immediately cease operations in that area and notify Engineer in accordance with of the Standard Specifications", in the City of Newport Beach, in strict conformity with the Contract on file with the office of the City Clerk of the City of Newport Beach, which is incorporated herein by this reference. WHEREAS, Principal has executed or is about to execute the Contract and the terms thereof require the furnishing of a Bond for the faithful performance of the Contract. NOW, THEREFORE, we, the Principal, and vigilant Insurance company , duly authorized to transact business under the laws of the State of California as Surety (hereinafter "Surety"), are held and firmly bound unto the City of Newport Beach, in the sum of Nine Hundred Eighty Five Thousand Three Hundred Forty Eight Dollars ($985,348.00) lawful money of the United States of America, said sum being equal to 100% of the estimated amount of the Contract, to be paid to the City of Newport Beach, its successors, and assigns; for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these present. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal, or the Principal's heirs, executors, administrators, successors, or assigns, fail to abide by, and well and truly keep and perform any or all the Work, covenants, conditions, and agreements in the Contract Documents and any alteration thereof made as therein provided on its part, to be kept and performed at the time and in the manner therein specified, and in all respects according to its true intent and meaning, or fails to indemnify, defend, and save harmless the City of Newport Beach, its officers, employees and agents, as therein stipulated, then, Surety will faithfully perform the same, in an amount not exceeding the sum specified in this Bond; otherwise this obligation shall become null and void. As a part of the obligation secured hereby, and in addition to the face amount specified in this Performance Bond, there shall be included costs and reasonable expenses and fees, including reasonable attorneys' fees, incurred by City, only in the event City is required to bring an action in law or equity against Surety to enforce the obligations of this Bond. Surety, for value received, stipulates and agrees that no change, extension of time, alterations or additions to the terms of the Contract or to the Work to be performed thereunder shall in any way affect its obligations on this Bond, and it does hereby waive notice of any such change, extension of time, alterations or additions of the Contract or to the Work or to the specifications. This Faithful Performance Bond shall be extended and maintained by the Principal in full force and effect for one (1) year following the date of formal acceptance of the Project by City. Environmental Construction, Inc. Page B-2 In the event that the Principal executed this bond as an individual, it is agreed that the death of any such Principal shall not exonerate the Surety from its obligations under this Bond. IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety above named, on the 1611, day of Judy '20 2t1 linvimini ntal ConAILICtlOn, Inc. Name of Contractor (Principal) Vigilant Insw'ancc Company Name of Surety 55,� Smith Flamer Rlrec(, Third Floor, Los A iveles. CA 9I1071 Address of Surety (213) 61 2-551 1 Telephone APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Date:_ z I By: 14r- ��- Aaron C. Harp q:y� �r '' City Attorney o'k�l • v Aut hzed 4163atdrerfitle f-Z Authorized Agent Signature Kim [AM, Attorney -in -Fact Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED Environmental Construction, Inc Page B-3 ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of 4o��vS ) ss. On -SWv /6 . 202Q before me. ��An �4„' Notary Personally appeared rrid Sovo"C& who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. t certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature a ALAI SAFAEI } +' ^lolary Public -California 3 Los Angeles County - Ummission # 2187809 NIV Cnmrn. Expires Mar 23, IN p ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. (seal) State of California County of Orange ) ss. On .luly I 20 20 before me, keece .locl Diaz Notary Public. personally appeared Kim Luu proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted. executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNSS,Fpy hand and official seal. 1 4 t\N ,a;p`i° 1 jjOF � t C,),nn,1%,i-0n 2 9+nt .lw e 1 - 15 teD Signature (seal) Environmental Construction, Inc,Page B-4 i r t Power of Attorney Federal Insurance Company I Vigilant Insurance Company I Pacific Indemnity Company Westchester Fire Insurance Company I ACE, American Insurance Company Know All by These Presents, that FEDERAL INSURANCE COMPANY, an Indiana corporation, VIGILANT INSURANCE COMPANY, a New York corporation. PACIFIC INDEMNITY COMPANY, a Wisconsin corporation, WESTCNESTER FIRE INSURANCE COMPANY and ACE AMERICAN INSURANCE COMPANY corporations of the Commonwealth of Pennsylvania, do each hereby constitute and appoint Rhonda C. Abel, Jeri Apodaca, Reece Joel Diaz, Kim Luu, Michael D. Parizino, Rachelle Rheault, Heather Saltarelli and James A. Schaller of Newport Beach, California ----------------------------------------------------------- each as their true and lawful Allorney-in-Fact to execute under Such designation in (heir names and to affix their corporate seals to and deliver for and on their behalf as Surely thereon of otherwise, bonds and undertakings and other writings obligatory in the nature thereof (other than bail bonds) given or executed in the course of business, and any instruments amending or altering the same, and consents to the modification or alteration of any Irish ument referred to In said bonds or obligations. In Witness Whereof, said FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, PACIFIC INDEMNITY COMPANY, WESTCHESTER FIRE INSURANCE COMPANY and ACE AMERICAN INSURANCE COMPANY have each executed and attested these presents and affixed their corporate seals on this 25x day of March, 2020. 4JcWA sx 1r 1. N9LL� 7c' � li hvill %I 011ms, \S'I'S nllscrorill STATE OF NEW JERSEY County of Hunterdon xs' Stephen %I II:nxY. %ice Itic olclu On this 25s' day of March, 2020 before life, a Notary Public of NewJers'ey, personally came Dawn] M. Chloros and Stephen M. Haney, to me known to be Assistant Secretary and Vice President, respectively. of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, PACIFIC INDEMNITY COMPANY, WESTCHESTER FIRE INSURANCE COMPANY and ACE AMERICAN INSURANCE COMPANY, the companies which executed the foregoing Power of Attorney, and the said Dawn M. Chimes and Stephen M. Haney, being by me duly sworn, severally and each for herself and himselfdid depose and say that they are Assistant Secretary and Vice President, respectively, of FEDERAL. INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, PACIFIC INDEMNITY COMPANY, WESTCHESTER FIRE INSURANCE COMPANY and ACE AMERICAN INSURANCE COMPANY and know, the corporate seals thereof, that the seals affixed to the foregoing Power of Attorney are such corporate seals and were thereto affixed by authority of said Companies; and that (hell* signatures as such officers were duly affixed and subscribed by like authority. Notarial Seal TA LAARI G NOTARY PUBLIC RYPUMTHEBINE UOO NEYJE NEW JER9EY 10 No. 2316686 PlExpires July 16, 2024 CERTIFICATION Resolutions adopted by the Boards of Direcun's of FEDERAL- INSLRANCE COMPANY, VIGILANT I NSURANCECOMPANY. and PACIFIC INDEMNITY COMPANY on August 30, 2016: %VFSTCHESTER FIRE INSURANCE: COMPANY tin December II, 2006: and ACE: AMERICAN INSURANCE COMPANY tin March 20, 2009: 'RESOLVED, ilia[ the following nulboriwdon, relateto Ilwexeculiun. mast seebeh:dfofthe fnntpsny.of I ohs. undertakings,oxoMl6aneeu.curn... nArld other wrinen vn rundownls o1111e Company entered into in theordinary course of business (each a'Wriuen Connountrat-I: (D Each of the Chairmel the fin-siden, and the Vice['residents tit'the Company:, hereby Audi ...zed[oexenu[eany Written fnlmnimten, for and on w1elfofue Company.0rule, the seal of the Company or otherwise. (2) each duly aPpoimed ationreyin-fact oft he Company, is bench, authorised to execute any Written Conmtitment lot and on behalf of the Company, under [he seal of [be Contpatry to utherw w to the exmnl dat such action k:wtlwrfzetl by the gran, of Powers provided for in such Person wrinen appohnnwet as such:money-heract. (3) Isich of the Chairman, the President and the Vim Presidents ol'dle Crimp,ow is hereby aulhol'sed. for and on behalf of the Company. to around in writing airy person the auornep in -fact or [lie Company who full Power and authority to execute, tol'end ou hehall'or the Compact. under the seal oftie l:ompanyurotherw[se. such Written Contorianen,s utitle Company as maybe specified in such written ansaintmeut, which specification ntay be bygencral otieor class of Wrhlen Cummimrenls or byspeeifc'aliorl tine nrntoreparticulm' Written CA)=Iilmen6. (a) Each of the Chairman, the President and the Vice l'rodenu of the Company Is hereby authorized, nor and on behalf of[lie Company, to delegate in writing many other officer of the Compenylheamhnrity to eseeute. lot' and on behalf of the Comlrany, under the ComPloys ."I or otherwise, such WI'i[fCn Couselmeroof the Cmnlsio, as are spedfi,d in such m ton delegation, which slxscilieation may be 61, general lylte it class of Written Council xm[5 nr by.specifiemion of Inc or more Particular Written Consmucems. (5) 'fhe,ignatu c.[any taicernrother 'cloth v.dog any Written r.Omulitment or appoininee[ or delegation pmso:an to this Resolution. and the seal ofthe Cc lay.ntay be athwed by facsimfie on such WI'it urn Comndlmenl or w, two.ylpobuntent or delegation. FURTHER gleSOLVEO. dial the fol'egolng Res'oludun shall not he deemed m bean exdusive,oaculect of the powers andauthority oftiRcem, employees and other lxssots o:wt tin and sot behalf of t he(:mnpany, and och Resold ion shall not limit of othembseaffect the exercise ofamsuch Ilower oraohonyotherwise vAidlyglarged or veard." I. [)awn M. Chlorrls, Assistant Secretary of FEDERAL. INSURANCE COMPANY, VIGILANT INSURANCE' COMPANY. PACIFIC INDEMNITY COMPANY, \VESTCHESTEIR FIRE; INS[ TRANCE COMPANY and ACE: AMERICAN INS(IRAN(,R COMPANY (tile "(:ompanies") do hereby n,,, I.f y (hat (1) the but Resolutions adopted by the Board ofDlredoa of the Companies are u'u(,.rntrut I and in of force and elTer'1. (ii) the foregoing Power of AHunury Is it cof recland in Fill liucoand offer(. Cmeo under my hand and seals of said Companies :(Whitehouse Stan ion. NJ, this 14Pt 1111 Chi nl A::I Lo\ IN I'I IE WEN'1'Y(111 WISH 10 VERIPY'I'I IF. At If IIENI'ICI'I'Y Of 111 IS BOND DIi NOTIFY II,S OF ANI'Irl'I TER MAITEn PLEASE CON 'I'ACFUg A'I': -----� C Tel....... JOHI..... t 4 FxeAtQ9033650 entad, sneryxadmbbcnm Combnned FED-VIGPI-MIC-ANC (rev. 11-19) :cWpo, U d August 16, 2021 Environmental Construction, Inc. Attn: Farid Soroudi 21550 Oxnard Street, Suite 160 Woodland Hills, CA 91367 Subject: Big Canyon Restoration Project - Phase 2A -C-8208-2 Dear Mr. Soroudi: I'_il; nlor ])I IV" 1 -I'7 -n •1 E UUS � 'J I � � ll h_l IFn'� n..wF Itl,ra�h i I�ro On June 8, 2021 the City Council of Newport Beach accepted the work for the subject project and authorized the City Clerk to file a Notice of Completion, to release the Labor & Materials Bond 65 days after the Notice of Completion had been recorded in accordance with applicable portions of the Civil Code, and to release the Faithful Performance Bond one year after Council acceptance. The Notice of Completion was recorded by the Orange County Recorder on June 9, 2021, Reference No. 2021000382861. The Surety for the bond is Vigilant Insurance Company and the bond number is 82447715. Enclosed is the Labor & Materials Pavment Bond. Sincerelv, = Leilani I. Brown, MMC' City Clerk Fliclosurc I A k.rZ11'I in I)u(ilic: d,.�. hvilliwn. Includrd in Peilormance kolld EXHIBIT A CITY OF NEWPORT BEACH BOND NO. 'V,117-115 LABOR AND MATERIALS PAYMENT BOND WHEREAS, the City of Newport Beach, State of California, has awarded to Environmental Construction, Inc. hereinafter designated as the "Principal," a contract for "The work necessary for the completion, of this contract consists of the following items and all other incidental work items necessary to complete the work in place. The general project tasks are: 1. Project preparation including submittals and approvals; 2. Mobilization to the site; 3. Delineating project boundary with construction fencing; 4. Installing silt fencing and other stormwater best management practices (BMPs) specified in the SWPPP, over the extent of the project area especially along channel banks and steep slopes, for the entire construction period; 5. Clearing and grubbing (removal of pepper tree and non-native plants) including stump grinding, chipping, stockpiling mulch and hauling -off non -chipped material; 6. Selective pruning or removal of willows infested with Polyphagous Shot Hole Borer (PSHB) with subsequent chipping and stockpiling as specified in these provisions; 7. Installing improvement at storm drain outlet; 8. Grading back channel banks and/or excavating floodplain bench in select areas; 9. Backfilling tree removal voids and placing excess material in fill placement area; 10. Installing vegetated soil lifts (VSLs) as needed to reconstruct the channel banks with large voids from tree removal; 11. Within cleared areas, grading the floodplain to drain to the creek; 12. Spreading and mixing soil amendments into surface soils; 13. Installing temporary irrigation system; 14. Early planting and hydro seeding of steep slope area and creek banks/benches; 15. Installing remaining plantings and hydroseed areas including other areas disturbed by construction; 16. Installing erosion control fabric, straw wattles, and other stormwater BMPs as shown on the Drawings and specified in the SWPPP throughout the construction and Plant Establishment and Maintenance periods; 17. Maintaining seeded areas, plants and erosion control BMPs throughout the Plant Establishment and Maintenance Period. The project entails work directly adjacent to Big Canyon Creek, an active stream channel. Contractor shall phase and execute the work in a manner that prevents sediment and other pollutants from entering the creek. The creek shall be adequately isolated from work areas. The work may entail excavation and/or tree removal below the groundwater table. Contractor shall anticipate that groundwater and/or surface water may be encountered during the work. Contractor shall perform dewatering only as it deems necessary to perform the work. Contractor shall be aware that groundwater may contain potentially high selenium concentrations that could limit disposal options for any removed water. The work is in a public open space area. Contractor shall perform the work in a manner that ensures public's safety. Contractor will be able to limit public access within the limits of work. Contractor shall allow safe access to open space areas directly adjacent to the Work. The City will furnish native seed and one -gallon plants to be installed by the Contractor. The Contractor is responsible for transporting plant and seed materials to the site from vendors in southern California. Note that Contractor shall furnish and install all cuttings. Note that sensitive resources, suet) as nesting birds or protected plants or wildlife, as well as artifacts of archeological interest, may be encountered during construction The City will hire monitors to assist the Environmental Construction, Inc., I'age A I Contractor in identifying potential impacts during construction. In the event that a potential item of concern is discovered, Contractor shall immediately cease operations in that area and notify Engineer in accordance with of the Standard Specifications", in the City of Newport Beach, in strict conformity with the Contract on file with the office of the City Clerk of the City of Newport Beach, which is incorporated herein by this reference. WHEREAS, Principal has executed or is about to execute the Contract and the terms thereof require the furnishing of a bond, providing that if Principal or any of Principal's subcontractors, shall fail to pay for any materials, provisions, or other supplies used in, upon, for, or about the performance of the Work agreed to be done, or for any work or labor done thereon of any kind, the Surety on this bond will pay the same to the extent hereinafter set forth. NOW, THEREFORE, We the undersigned Principal, and, vigil n( Insurance Cbmlmily duly authorized to transact business under the laws of the State of California, as Surety, (referred to herein as "Surety") are held and firmly bound unto the City of Newport Beach, in the sum of Nine Hundred Eighty Five Thousand Three Hundred Forty Eight Dollars ($985,348.00) lawful money of the United States of America, said sum being equal to 100% of the estimated amount payable by the City of Newport Beach under the terms of the Contract; for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these present. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal or the Principal's subcontractors, fail to pay for any materials, provisions, or other supplies, implements or machinery used in, upon, for, or about the performance of the Work contracted to be done, or for any other work or labor thereon of any kind, or for amounts due under the Unemployment Insurance Code with respect to such work or labor, or for any amounts required to be deducted, withheld and paid over to the Employment Development Department from the wages of employees of the Principal and subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with respect to such work and labor, then the Surety will pay for the same, in an amount not exceeding the sum specified in this Bond, and also, in case suit is brought to enforce the obligations of this Bond, a reasonable attorneys' fee, to be fixed by the Court as required by the provisions of Section 9554 of the Civil Code of the State of California. The Bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Section 9100 of the California Civil Code so as to give a right of action to them or their assigns in any suit brought upon this Bond, as required by and in accordance with the provisions of Sections 9500 et seq of the Civil Code of the State of California. And Surety, for value received, hereby stipulates and agrees that no change, extension of time, alterations or additions to the terms of the Contract or to the Work to be performed thereunder shall in any wise affect its obligations on this Bond, and it does I ereby waive notice of any such change, extension of time, alterations or additions to the terms of the Contract or to the Work or to the specifications_ f_nvkonnlental Construction, Inc. page A-2 In the event that any principal above narned executed this Bond as an individual, it is agreed that the death of any such principal shall not exonerate the Surety from its obligations under this Bond. IN WITNESS WHEREOF, this instrument has been duly executed by the above named Principal and Surety, on the I oil _ day of July 20 20 I'. I IV I I I I I IIIIIB I COI IS I. I'uC6UI I, Inc. Name of Contractor (Principal) Vi"ilao Insumnix Colnpnlly Name of Surety i.�5 tlunlh flower "Irw;l, third Phar, Lu:; Anpdeu;, CA 90071 Address of Surety (313)612-5511 Telephone APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Date:— Aaron C. Flarp 1 City Attorney F ' A orize i ure/Title Authorized Agent Signature Kim hm, Atrorucy-in-I dcl Print Name and Title NOTARYACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTAC{-IED P.nvirnnmental Construction, Inc:. Page A 3 ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of 2-41-5-'7 q%S } ss. { On �- _, 20 -:?Q before me, �%%Qn 5 age Notary Publi , personally appeared / i-tId who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) islare subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature SyfF4 ALAN A7", ('nw N01]fV t�llhlf (Illli)Illlil los An911-County - dAui Corim,ss n it61A7609 My CT,,o r ,w s Mar 23.2021 m+ax•'am^'fix-r�,..nlr•meotim�P„Ao ��r+ (seal) ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of C>1'onvc _ } ss. On "luly Irl 20 )it before me, koccc.lucl I)ier. Notary Public, personally appeared Kim l.in1 proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/heNtheir authorized capacity(ies), and that by his/her/their signatures(s) on the instnlment the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. VVITNFSS my hand and official seal. _ `iiyn.lhlrr, (s( --,al) I nvirrnunental Cmi,shlwtion, Inc” Page, A 4 Power of Attorney Federal Insurance Company I Vigilant Insurance Company I Iraciric Indemnity Company Westchester Fire Insurance Company I ACI? American Insurance Company Know All by These Presents, that FEDERAL INSURANCE COMPANY. an Indiana corporation, VIGILANT INSURANCE COMPANY, a New York col pot PACIFIC INDEMNITY COMPANY, a Wisconsin col'pomtion, WESTCHESTER FIRE INSURANCE COMPANY and ACE AMERICAN INSURANCE COMPANY corporations of the rnlnlnonweallhnfpenns),Ivania, dheadhhmebyroRstithne:mdzppoin( Rhonda C. Abel, Jeri Apodaca, Reece Joel Diaz, Kim Luu, Michael D. Parizino, Rachelle Rheault, Heather Saltarelli and James A. Schaller of Newport Beach, California ------------------------------------ ------- each as their true and lawful Attorney -in -Fact to execute under such designation in (heir names and m a0ix (heir cut Jim seals In and deliver for and on their behalf as suirly thereon of otherwise, bonds and undertakings and other writings obligamrl' in (he nature thereof (other (half ball bands) given or executed in the courw of husiness, and'any instruments amending or altering the same, and consents m (he modification or alteration of any insu'wnent referred In In said bands or obligations. In Witness Whereof said FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY. PACIFIC INDEMNITY COMPANY, WESTCHESTER FIRE INSURANCE COMPANY and ACE AMERICAN INSURANCE COMPANY have each execuled and attested (hese presents and affixed their corporate seals un this 251h day of March, 2020. f_) A j s,r- Y 61. N1tti f E -A)ty_ IM cv Ihwn \I ChI,itls. lCslncrDl tiscre:n} __. - _ -._. �. 1lc1'hun \I IF:n Vrcc 1'Ixsdrnl STATE OF NF.W JERSEY County of Hunterdon ss. On this 25'" clay of March, 2020 before me, a Notary Public of New Jersey. personally came Dawn M. Chloros and Stephen M. I laney, to me known to be Assistant Secretary and Vice President respectively, of FEDERAL INSURANCECOMPANY, VIGILANT' INSURANCE COMPANY, PACIFIC INDEMNITY COMPANY. whsf'CHES•rER FIRE INSURANCE COMPANY and ACI: AMERICAN INSI TRANCE COMPANY, (le companies which executed the litreRmng Fuwer of Attorney, and the said Dawn M. Chloros and Stephen M. Ilancy, being by fire cluly sworn, severally and each for herself and himself did deptrse and say that they at Assistant Secretary and Vice President, respectively, of FEDERAL INSI TRANCE COMPANY, VIGILANT' INSI TRANCE COMPANY, PACIFIC INDEMNITY COMPANY, WESTCHFSTER It] RE INSI IRANCE COMPANY and ACF: AMERICAN INSURANCE, COMPANY and know the cm Pro ate seals thereof, that the seals affixed m the fin'egoing Poweof Attorney are such corporate seals and were thereto afford by authority of said Companies; and that lhetr signatures as such olPcei s were duly allixed and subscribed by like authority. NIImd'aI Sea] KATHERINE J. AOELAAR r=y9 NOTARY PUBLIC OF NEW JERSEY A—tIB•U� No. 2310885 C.Itullon Eepirav July 10. 2029 Mrary VUNlr P CERTIFICATION Resohnions adopted by the Boards of Directors of FEDERAL INSURANCE COMPANY, VIGILANTINSI IRANC'E COMPANY.and PACIFIC INDEMNITY COMPANY on August :30.2016; WESTCHESTER FIRF INSI IRANCF. COMPANY ou Derember IL 2006: and ACE AMhIiICAN INSI IRANI:P. COMPANY uu March 20 2009: "RF:GILVGII, f hankie f rllowinF awhorizathms'relane m the exucwion.linand nn behal(ufthe Cutnpany, ul'bnnds. mulenakinl;s. mrugnizanns, mnlmns uW other wriuen rnmmimxmll of the Cnapxtr, entered inm in the nnlinap• cuuacnfbnsilxss (each a'Wriueu C.nnniuniva, ). (l) Leah of file clu can. the 11"W ill and the Vice PI esi lculs of the Contra, is hereby ;,.ihorinsI ol,texuu any wriuen CunnWinners Rnandonb.hakullhe C..u1su.,i ndenho seal nD 1K� CnngrinV.r otherwise. (2) Pach duly appllumd enurncyto-farl of the Coatpan. i hcmbY aulhudrsJ m exae.le :ary Morn Cnnnnhntenl I'or and on behalf of the Company. flu, Y d of the GmtwnV or muetise.m theexmmJhal.vu.hxuiou isandtorized bythe Fl,auul'dunvm's provided for in sw'h Iw1'sun wrillen aPpoinmirntassuch nfofney- ill lhd. (9) Blah of the ClEcaln Mi Che President and the Vice PresidunCx of 'Ile CongzaYis herebVamhodzed.rotund.. rebulfo(the ContpanS In aPlwim iu writing any Pelson the ;lit u...•. in -lain of the ConlPany with full lwwer and atillionlyl utccou,. fa' and on buhalf nfthe Company. under the seal n1 -the Company moils" We". moll Wrloa0 f loullllltn.tls o(the Ilmnlwny ax nett be.IxvilleJ in slrh wriuen aPlwimnu•nl, which sluriliranun maty bo by Reuunrl fYlx• or ria a of written commit.." or by slht•.dioabol of uw ul nu ro pan ctia, Wollert Commit.rens. (t) Fath of the Clninnnn. till, 11ro.hlenr and lite vs, I ....... so's of file Congrury Ls lischynulhurized. for and on behalfo( the Contrary. at delegate iu w allix r nam of her of liter of the CunamnV the uul hul'ipv....rune. fm'aml ou behalf of the (luw,;uo, under the Cuutngy'u seal .r otherwise, such Wr'inun C.nmuurcrns ill'the Congrmv:re an• _Prnhed In soar wrlo>n d, 1,,a ion_ wLLll syonRl.."on amp be hV F'.mml ryFvor dantol' Wrintot Counnumtenlx ur L,V slxx'Incatlnn.tone unhurt. P:rniunlar Written r:mm�mutuuu (5) ol off"person uxennhlFony WrinenCon..Mauro, ... 'aryaHuunenl of ddag.11ou puuuanl Do""' Resolf f. and norsxd oldie enuryaor, may be alli"'ilu farshnlle n...... Wriurn emnlnluueln unvnuen a nvrlmmcul to lid'olon. FI IR1111EIt 10 -SOLVED, than Otc It saydng Rt.solnl fun shill nnl he demned a. be an exrlusivv,aurmemuf lilt. lurwersand antlesilynfonsvis.emPiuYcee anduther lx.'sonam:aa lin and nn hAtaRnf the C.oupany.;nul soh Ihsuhnioo shall nal limit fir' olherwi.e alliin the exercise of oliV suclyvwm' m:nnlatrily otherwise v:didlyla'anfed or vested" I, Dawrr M. Chlorus. A,,Wknl S,netaiv of FRIIF:ICAI. INSIIRANCB COMPANY, VIGILANT IN,SIIIdANCF COMPANY, PACIFIC INDEMNITY COMPANY. WES'IVAIUSTER FIRE. INSI IRAN(:F: COMPANY a ld ACk AM RRR:AN INSURANCE COMPANY (I Ile "COMIlanles") do 11VIThY rrrl Ify 1 hal (1) Thr linegolng Resolutions adopted by the Rued ofDirecur. of the Cuntpaluesare lnre.ronrt l and In I'll lin'ceandelfem (ii) the foregoing Powrr of Allm'ure is if rowed and in lit[] fonr:uulcllis 1. Given under illy hand ;md.srals of Said Cougnnies al WUilrhuuse Slab.., N.I. this Unn \I hon',., \ r .. -„r. r. n'•_ N 1 __ IN I III T VI N'f 1'I)U WI11I III VI RII Y I'I 1 \Irl 111 'flla'I'l lli 11111 nnNn Illt Nlll 11 l l 111r:\N\ 111111 I1 M1111.It I l l ASI IIIIN'ITl 111111 'I I phnnr (una) Int Ion Fas (9090901 3656 -I old sol 1 ly(Ct hubb luill Pnnd.nw'f f=f-D Vit. PI WFIC MIT'. (mv 11III) Batch 10592357 Confirmation RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City Clerk City of Newport Beach 100 Civic Center Drive Newport Beach, CA 92660 Page 2 of 2 Recorded in Official Records, Orange County Hugh Nguyen, Clerk -Recorder IIIIIIIIIIIIIIIIIIIIIIIIIIIIiIIIIIIIiIIIIIIIIIIIIIIIIIIIIII IIIIII(111 NO FEE * $ R 0 0 1 2 9 9 2 2 0 3 $ � 2021000382864 9:36 am 06/09121 227 NC -5 N12 1 0.00 0.00 0.00 0.00 0.00 0.00 0.000.000.00 0.00 "Exempt from recording fees pursuant to Government Code Section 27383" NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN that the City of Newport Beach, 100 Civic Center Drive, Newport Beach, California, 92660, as Owner, and Environmental Construction, Inc., Woodland Hills, California, as Contractor, entered into a Contract on June 9, 2020. Said Contract set forth certain improvements, as follows: Big Canyon Restoration Project — Phase 2A - C-8208-2 Work on said Contract was completed, and was found to be acceptable on June 8, 2021, by the City Council. Title to said property is vested in the Owner and the Surety for said Contract is Vigilant Insurance Company. BY ublic orks Director City of Newport Beach VERIFICATION I certify, under penalty of perjury, that the foregoing is true and correct to the best of my knowledge. , �y ' 2 q Executed on �WI�Y/ q. OUWt� at Newport Beach, California. rl��►L,.. • � �/i1u/ https:Hgs.secure-recording.com/Batch/Confirmation/10592357 06/09/2021 RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City Clerk City of Newport Beach 100 Civic Center Drive Newport Beach, CA 92660 "Exempt from recording fees pursuant to Government Code Section 27383" NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN that the City of Newport Beach, 100 Civic Center Drive, Newport Beach, California, 92660, as Owner, and Environmental Construction, Inc., Woodland Hills, California, as Contractor, entered into a Contract on June 9, 2020. Said Contract set forth certain improvements, as follows: Big Canyon Restoration Project — Phase 2A - C-8208-2 Work on said Contract was completed, and was found to be acceptable on June 8, 2021, by the City Council. Title to said property is vested in the Owner and the Surety for said Contract is Vigilant Insurance Company. BY ublic Works Director City of Newport Beach VERIFICATION I certify, under penalty of perjury, that the foregoing is true and correct to the best of my knowledge. r ,qR�9q Executed on at Newport Beach, California. BY V 4 City Clerk CITY OF NEWPORT BEACH NOTICE INVITING BIDS Sealed bids shall be submitted electronically via PlanetBids to office of the City Clark, 100 Civic Center Drive, Newport Beach, CA 92860 By 10:00AM on the 12th day of s20201 at which time such bids shall be opened and read for BIG CANYON RESTORATION PROJECT - PHASE 2A Contract No. 8208_2 $1,200,000 Engineer`s Estimate �f . i i i- i i i • • i. 1 i " ISTITawim t t t i aii t t i f • A• • A i BID INFORMATION IS AVAILABLE ON THE CITY NEBSITE: p:llnewpartbeachca.govlgovern mentlopen-transp arentlonline-services/bids-rfp vendor -registration •6 1• • ML • NOTICEINVITING BIDS..........................................................................................Cover INSTRUCTIONS TO BIDDERS......................................................................................3 BIDDER'S BOND............................................................................................................6 DESIGNATION OF SUBCONTRACTOR(S)................................................................... 9 TECHNICAL ABILITY AND EXPERIENCE REFERENCES ............................................ 9 NON -COLLUSION AFFIDAVIT..................................................................... 13 DESIGNATION OF SURETIES...................................................................... 14 CONTRACTOR'S INDUSTRIAL SAFETY RECORD ACKNOWLEDGEMENT OF ADDENDA.......................................................................18 INFORMATION REQUIRED OF BIDDER.....................................................................19 NOTICE TO SUCCESSFUL BIDDER........................................................................... 21 CONTRACT.................................................................................................................. 22 LABORAND MATERIALS PAYMENT BOND ............................................. Exhibit... A FAITHFUL PERFORMANCE BOND...........................................................Exhibit B INSURANCE REQUIREMENTS.................................................................Exhibit C PROPOSAL.............................................................................................................. PR -1 SPECIALPROVISIONS............................................................................................ SP -1 2 City of Newport Beach BIG CANYON RESTORATION PROJECT - PHASE 2A Contract No. 8208=2 INSTRUCTIONS TO BIDDERS ` 1. The following documents shall be completed, executed, uploaded and received by the City Clerk via PlanetBids in accordance; with NOTICE INVITING'BIDS: INSTRUCTIONS TO BIDDERS BIDDER'S BOND (Original copies must be submitted to the City Clerk's Office in Sealed Envelope) DESIGNATION OF SUBCONTRACTORS ACKNOWLEDGEMENT (Subcontractor information to be submitted via PlanetBids) CONTRACTOR'S INDUSTRIAL SAFETY RECORD INFORMATION REQUIRED OF BIDDER ALL ADDENDA TO PLANS AND SPECIFICATIONS AS ISSUED BY AGENCY PRIOR TO BID OPENING DATE (if any; Contractor shall confirm via PlanetBids) TECHNICAL ABILITY AND EXPERIENCE REFERENCES NON -COLLUSION AFFIDAVIT DESIGNATION OF SURETIES PROPOSAL ACKNOWLEDGEMENT (Line Items to be completed via PlanetBids) The City Clerk's Office will open and read the bid results from PlanetBids immediately following the Bid Opening Date (Bid Due Date.) The .Bid Results are_ immediately available .to the public via PlanetBids following the Bid Opening Date (Bid Due Date). 'Members of the public who would -like to attend this reading may go to Bay E, 2"d Floor of the Civic Center (Located at 100 Civic Center Dr.) 2. Cash, certified check or cashier's .:check (sum not less .than 10 percent 4:44% e total. bid price) may E) e received_ in lieu of the BIDDER'S BOND. The title of the project and the words "Sealed Bid" shall be clearly marked on the outside of the envelope containing the documents. Original copies must be submitted to the City Clerk's Office. 3. The City ,of Newport Beach will not permit a substitute format for the .Contract .Documents listed above. Bidders are advised to review their content with bonding and legal agents prior to submission of bid. 3. BIDDER'S BOND shall be issued by an insurance organization or surety (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, and (2) listed as an acceptable surety in the latest revision of the Federal Register Circular 570. The successful bidder's security shall be held until the Contract is executed. Original, sealed copies must be submitted to the City Clerk's Office by the Bid Opening Date (Bid Due Date.) The title of the project, Contract Number and the words "Sealed Bid Bond" shall be clearly marked on the outside of the envelope containing the documents. 4. The estimated quantities indicated in the PROPOSAL are approximate, and are given solely to allow the comparison of total bid prices. 5. Bids are to be computed upon the estimated quantities indicated in the PROPOSAL multiplied by unit price submitted `by the bidder. In the event of discrepancy between wording and figures, 3 Did wording shall prevail over bid figures. in the event of error in the multiplication of estimated quantity by unit price, the correct multiplication will be computed and the bids will be compared with correctly multiplied totals. The City shall not be held responsible for bidder errors and omissions in the PROPOSAL. 6. The City of Newport Beach reserves the right to reject any or all bids and to waive any minor irregularity or informality in such bids. Pursuant to Public Contract Code Section 22300, at the request and expense of the Contractor, securities shall be permitted in substitution of money withheld by the City to ensure performance under the contract. The securities shall be deposited in a state or federal chartered bank in California, as the escrow agent. 7. In accordance with the California Labor Code (Sections 1770 et seq.), the Director of Industrial Relations has ascertained the general prevailing rate of per diem wages in the locality in which the work is to be performed for each craft, classification, or type of workman or mechanic needed to execute the contract. A copy of said determination is available by calling the prevailing wage hotline number (415) 7034774, and requesting one from the Department of Industrial Relations. All parties to the contract shall be governed by all provisions of the California Labor Code including, but not limited to, the requirement to pay prevailing wage rates (Sections 1770-7981 inclusive). A copy of the prevailing wage rates shall be posted by the Contractor at the job site. 9. The Contractor shall be responsible for insuring compliance with provisions of Section 1777.5 of the Labor Code Apprenticeship requirements and Section 4100 et seq. of the Public Contracts Code, "Subletting and Subcontracting Fair Practices Act". 10. No contractor or subcontractor may be listed on a bid proposal for a- .public :works project (submitted on or after March 1, 2015) unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5 [with limited exceptions from this requirement for bid purposes only under Labor Code section 177.1.1(a)]. 11. No contractor or subcontractor may be .awarded a contract for. public work on a public works project (awarded on or after April 1, emu 15) unless registered with the Department of lndus#rial Relations pursuant to Labor Code section 1725.5. 12. This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. 13. All documents shall bear signatures and titles of persons authorized to .sign on behalf of the bidder. For corporations, the signatures shall be of a corporate.. officer or an individual authorized by the corporation. For partnerships, the signatures shall be of a general partner. For sole ownership, the signature shall be of the owner. 14. Pursuant to Public Contract Code section 9204, for any demand: by contractor, whether on behalf of itself or a subcontractor that lacks privity of contract with the City but has requested that contractor proceed on its behalf, sent by registered mail or certified mail return receipt requested for a time extension, payment by the City for money or damages arising from work done by, or on behalf of, the contractor and payment for which is not otherwise expressly provided or to which the claimant is not otherwise entitled, or for payment of an amount that is disputed by the City, the following is a summary of the claims resolution process to be applied: A. The City shall review the claim and, within 45 days, shall provide a written statement identifying the portions of the claim that are disputed and undisputed. This time period may be extended by mutual agreement. The claimant shall furnish all reasonable documentation to support the claim. If the City needs approval from its City Council to provide the written statement and the City Council does not meet within the prescribed time period, the City shall have up to 3 days following the next regular meeting of the City Council to _provide the written statement. Payment of the undisputed portion of the claim shall be made within 60 days after the City issues its written statement. B. If the claimant disputes the City's written statement or if the City does not issue a written statement in the prescribed time period, the claimant may demand in writing an informal meet and confer conference, which shall be scheduled within 30 days of receipt of claimant's demand. CO Within 10 business days of the meet and confer conference, if a dispute remains, the City shall provide a written statement identifying the portion of the claim that remains in dispute and the undisputed portion. The City shall pay any remaining amount of the undisputed portion within 60 days. Any disputed portion of the claim shall be submitted to nonbinding mediation or similar nonbinding process, with the City and claimant sharing the costs equally and agreeing to_a mediator within 10 business days. If the parties cannot timely agree on a mediator, each party shall select a mediator and those mediators shall select a qualified neutral third party to mediate the remaining disputed portion. If mediation is unsuccessful, any remaining disputed portion shall be addressed using procedures outside of Public Contract Code section 9204. D. Failure by the. City to meet the time requirements herein shall .result. in the claim being rejected in its entirety and shall not constitute an adverse finding with regard to the merits of the claim or the responsibility or qualifications of the claimant. E. OPTIONAL PRE-BID SITE WALK -There will be an optional :site walk on April 22, 2020 at 8:30 a.m. Interested contractors shall meet on Vista del Oro near 511 Avendina Campana. Project Manager will lead the group into the canyon. Staff recommends wearing comfortable hiking shoes. The signature below represents that the above has been reviewed. 498624 / A,B,C10,C27,HAZ,ASB a/ President and Secretary Contractor's License No. '& Classification A rizedre/Title Pad Sor' o 1000009515 / 06-30-22 05-15-20 DIR Registration Number & Expiration Date Environmental Construction, Inc. Bidder Date City of Newport Beach BIG CANYON RESTORATION PROJECT - PHASE 2A Contract No. 8208=2 BIDDEWS BOND We, the undersigned Principal and Surety, our successors and assigns, executors, heirs and administrators, agree to be jointly and severally held and firmly bound to the City of Newport Beach, a charter city, in the principal sum of Ten Percent of the Total Amount Bid Dollars {$ 10% of Bid ), to be paid and forfeited to the City of Newport Beach if the bid ;proposal of the undersigned Principal for the construction of BIG CANYON RESTORATION PROJECT = PHASE 2A, Contract No. 82084 in the City of Newport Beach, is accepted by the City Council of the City of Newport Beach and the proposed contract is awarded to the Principal, and the Principal fails to execute the Contract Documents in the form(s) prescribed, including the required bonds, and original insurance certificates and endorsements for the construction of the project within thirty (30) calendar days after the date of the mailing of "Notification of Award", otherwise this obligation` shall become null and voidw If the undersigned Principal executing this Bond is executing this Bond as an individual, it is agreed that the death of any such Principal shall not exonerate the Surety from its obligations under this Bond. Wiliness our hands this 7th day of May 0200 }, r Environmental Construction, Inc.+e/ Lf Name of Contractor (Principal) Authorized Signature/Title I=ArTcl Vigilant Insurance Company Name of Surety Authorized Agent Signature ,� w 555 South Flower Street, Third Floor Los Angeles, CA 90071 Kim Luu, Attorney -in -Fact Address of Surety' Print Name and Title �1' (213) 612-5511 Telephone (Notary acknowledgment of Principal & Surety must be attached) 6 ACKNOWLEDGMENT A notary publlc or other officer c©rnpleting this certificate verifies only the identity of the individual who signed the document to which this certifcateis attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Los Angeles }ss: On May 7 , 2020 before me, Alan Safaei , Notary Public, personally appeared Farid Soroudi who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that helshe/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct WITNESS my hand and official seal. ALAN SAFAEI Notary Public— California Z Los Angeles County a s z _ Commission # 2187609 My Comm, Expires Mar 23, 2021 Signature seal) OPTIONAL INFORMATION, Date of Document Thumbprint of Signer Type or Title of Document Number of Pages in Document Document in a Foreign Language Type of Satisfactory Evidence; Personally Known with Paper Identification Paper Identification Credible Witness(es) [� Check here if Capacity(les) claimed by Signer(s); no thumbprint Trustee or fingerprint Power of Attorney is available. CEO t CFO / COO President 1 Vice -President I Secretary / Treasurer Other; Other Information: 7 t_ ! 0 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document, State of California C©unty of Orange I ss On May 7' , 20 20 before me, Heather Rose Saltarelli Notary Public, personally appeared Kim Luu` who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/herltheir authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument, I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true' and correct, WITNESS my hand and official seal. > HEATHER ROSE sALTARELLI .� .•.� �p S'f Q Notary Public - California z _ Orange County r Commission #2248239 c'LIFO ' My Comm. Expires Jul 27, 2022 Signature (seal) ACKNOWLEDGMENT A notary public or other officer' completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of ss. On , 20 before me, Notary Public, personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(les), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument, I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (seal) 8 Power of Attorney Federal Insurance Company � Uigiiant insurance Company � Pacific Indemnity Company Westchester Fire Insurance Company j ACE American insurance Company irrtow All by These Presents, that FI3DERAL INSURANCE COMPANY, an Indiana corporation, VIGILANT INSURANCE COMPANY, a New Yorlc corporation, PACIFIC INDEMNITY COMPANY, a Wisconsin corporation, WESTCHESTER FIRE INSURANCE COMPANY and ACE AMERICAN INSURANCE COMPANY corporations of the CommonwealthofPennsylvania,doeachherebyconstituteandappoint Rhonda C, Abel, Jeri Apodaca, Reece Joel Dial, Kim Luu, Michael D.'Parizno, Rachelle Rheault, Heather Saltarelli and James A. Schaller of Newport Beach, California --=-------------------------------------------------------- each as their #rue and lawful Attorney --in Pact to execute under... such designation in their names and to affix their corporate seals to and deliver for and on their behalf as surety thereon or otherwise, bonds and undertakings and other writings obligatory in the nature thereof {other than bail bonds) given or executed in the course cif business, and any instruments amending or alteringthe same, and consents to the modification or alteration of anyinstrument referred to in saidbonds or obligations. In Witness Whereof, said FEDERAL INSIiRANCE C©MPANY, VIGILANT INSURANCE COMPANY, PACIFIC INDEMNITY COMPANY, WESTCHESTER FIRE INSURANCE COMPANY and ACE AMERICAN INSURANCE COMPANYhave each executed and attested these presents and affixed their corporate seals on this 25t� day of March, 2020. �JC�s�s�.'�''�1 Lrav�n ill, t;i�larcr., A�ist.ini S��crclai�' SicPhrt7 1k. I ltliity. Vick fresid�nt � , STATE OF NEW JERSEY ' _ County of Hunterdon �• tin this 25� day of March, 2020 before me, a Notary Public of New]ersey, personally came Datvn M. Chloros and Stephen M. Haney, to me Itnown to be Assistant Secretary and Vice President, respectively, of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, PACIFIC iND1�,MNiTY COMPANY, iWESTCHESTER FIRE :INSURANCE COMPANY and ACE AMERICAN iINSURANCE COMPANY, the companies which executed the foregoing Power of Attorney, and the said Dawn M. Chloros and Stephen M. Haney, being by me duly sworn, severally and each for herself and himself did depose and say that they are Assistant Secretary and Vice President, respectively, of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, PACIFIC INDEMNITY COMPANY, WESTCHESTER FIRE'INSURANCE C©MPANY and ACE AMERICAN INSURANCE COMPANY and lmow the corporate seals thereof, that the seals affixed to the foregoing Power of Attorney are such corporate seals and were thereto affixed by authority of said Companies; :and that theirsignatures as such officers were duly affixed and subscribed by lice authority...; Notarial Seal .'� dTA1ty itAthlERiNE .1. ADELAAR � a�.. � N�7'ARY PL18LiC QF tdHW JERSIY"Y ptJBL1� P1o.2318886 � ,y CommissionExpires.iuiy78,2U24 iVniatylublic __ +lER`�� CERTIFICATION Resolutions adopted by the Boards of Directors of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY on August 30, .2016; WESTCHESTER FIRE INSURANCE COMPANY on December ll, 2006; and ACE AMERICAN INSURANCE COMPANY on March 20, 2009: "RESOLVED, that the following authorizations relate to the execution, for and on behalf of the Company, of bonds, undertaltngs, recognizances, contracts and other written commitments of the company entered into in the ordinary course of business {each a "Written Gommitmene'): {i) Each of he chairman, the President and the Vice `Presidents of the Company is hereby authorized to execute any Written Commitment for and on i�ehalf of the Company, under the ` seal of the Company or otherwise. {2) Trach duly appointed attorney -in fact ofthe Company is hereby authorized to execute any Written Commitment for: and on behalf ofthe Gompan3; under the seal ofthe Company or otherwise, to the extent that such action is authorized by the grant of powers provided for in such person's written appoinhnent as such attorney -in fact. {3) '.Each of he Chairman, the President and the Vice Presidents of the Companyis hereby authorized, for and on behalf ofthe Company, to appointintimiting any. person the attorney- in-fact of the Company with full .power and authority to execute, for and on ' behalf of the Company, under the seal ofthe Gampany or otherwise, such Written Commitments of ii�e company as may be specified in such twritten appointment whidi specification may be bygenerat type or class of Written Commitments or by specification of one or more particular Written Commitments. {4) Each of the chairman, the President and the Vice :Presidents of the Companyis hereby authorized, for and on behalf ofthe Company> to delegate in writing to any other officer ofthe ' Companyihe authority #o execute, for and on behalf of the company, ,under the company's seal or otherwise, such Written Commitments ofthe Company as are specified in such ` tvr7tten delegation, which specification may be by general typeor Bass of Written Commitments or byspecification of one or more particulart�4rritten Commitments• {5) The signature of any officer or other person executing any Written Commitment or appointment or delegation pursuantto this Resolution, and the seal ofthe Company, maybe atiixed by :facsimile on such Written Commitment or �wt•Itten appointment or delegation. FURTHER RESOLVED, that the 'foregoing Resolution shall .not be deemed to be an exdusiwe statement ofthe powers and authority of officers, employees and other persons to actfor and on behalfof the Company, and suchResolution shall notUmit or othervise affect the exercise of any suchpoaver or authority othervise walidlygranted orvested:' I, Dawn M. Chloros, Assistant Secretary of FEDERAL .INSURANCE COMPANY, VIGILANT INSURANCE COMPANY,' PACIFIC INDEMNITY.: COMPANY, WESTCHESTER FIRE INSURANCE COMPANY and ACE AMERICAN INSURANCE COMPANY {the "Companies") do hereby certify that {i) the foregoing Resolutions adapted bythe Board ofDirectors of the Companies are true, correct and in full force and effect, (ii) the foregoing Power of Attorney is true, correct and in full force and effect. Given under myhand and seals of said Companies at Whitehouse Station, NJ, this � , e r J, � ,� , , �'� � ' � ,` � 4�� , ��� � ,i' �'.,� � j);t�tn 11.iallh�rc�„1S�:IS11111t�1�i'ettli'�' ,4' f� IN THE EVENT YOU WISH TO VT;'RIFY THE AUTHENTICITY OF THIS BOND ORNOfiIFY �OF;ANX OTHER MATTER, PLF,ASG COINTACT US AT: Tele hone {908) 903-3493 Fax 1908} 90:1-3656 •_` � m •l: surety�chubb.com �,� >. , '',, -, �° �y `,,>t,� .� )�� .�� � a„ , Combined: FED-VIG-PI-WFIC-AAIC (rev.11-19) City of Newport Beach BIG CANYON RESTORATION PROJECT -PHASE 2A Contract No. 82084 DESIGNATION OF SUBCONTRACTOR(S) - AFFADAVIT State law requires the listing of all subcontractors who will perform work in an amount in excess of one- half of one percent of the Contractors total bid.' If a subcontractor is not listed, the Contractor represents that he/she is fully qualified to and will be responsible for performing that portion` of the work. Substitution of subcontractors shall be 'made only in accordance with State law and/or the Standard Specifications for Public Works Construction, as applicable. Pursuant to Public Contract Code Section 22300 appropriate securities may be substituted for any monies to be withheld to ensure performance under the Contract. The Bidder, by signing this designation, .certifies that bids from .the subcontractors as listed in the Bidder's electronic bid have been used in formulating the bid for the project and that these subcontractors will be used subject to the approval of the Engineer and in accordance with State law. No changes may be made in these subcontractors except with prior approval of the City of Newport Beach. Bidders must also include )IR registration numbers for each subcontractor. Environmental Construction, Inc. Bidder aril Soroudi �' %President &Secretary re/Title ACKNOWLEDGMENT A notary .public. or other officer completing this certificate verifies only the identity ,of the individual who signed the document to which this: certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Los Angeles � On ��• ,�.5"..� 2,r� �� before me, Alan Safaei, Notary Public. (insert name and title of the. officer) personally appeared. Farid SOrOudi who proved to me on the basis of satisfactory evidence to be the. persons) whose names) is/are subscribed o the within instrument and acknowledged o me that he/she/they: executed the same in hislher/their-authorized capacity(ies), and that by his/her/their signatures) on the instrument the person(s), or the entity upon behalf of which the persons) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. _ .,�__ __ 1 � Ali City of Newport Beach BIG CANYON 'RESTORATION PROJECT PHASE 2A Contract No. 8208-2 TECHNICAL ABILITY AND EXPERIENCE REFERENCES Contractor must use this form!!! Please print or type,, er's Name Environmental Construction, Inc. FAILURE OF THE BIDDER TO PROVIDE ALL REQUIRED INFORMATION IN A COMPLETE AND ACCURATE MANNER MAY BE CONSIDERED NON-RESPONSIVE, For all _public agency projects you have worked on (or are currently working on) in the past 2 years in excess of $120,000, provide the following information: No. 1 Project Name/Number Arboretum 138$40718 -OL Project Description Construction of two new parks Approximate Construcfiion Dates; From February 2019 To. July 2020 Agency Name Lennar Communities, Inc. Confiacfi Person Adrian Hermanson NIA Telephone (951) 550-96Q2 Original Con#tact Amount $ 6,224,071 Finai Confiract Amount $pending If final amount is different from original, please explain (change orders, extra work, etc.) Did you file any claims against fihe Agency? Did .the Agency file :any clams againsfi you/Confiracfior? If yes, briefly explain and [ndicate outcome of claims, No. 2 Project Name/Number Hillcrest Park - Fountain Restoration & Great Lawn & Sidewalk Improvements / 54500 Project Description Improvements to existing park Approximate Construction Dates: From June 2017 To: August 2018 Agency Name City of Fullerton Contact Person Kevin Kwak Telephone q14)73&6865 Original Contract Amount $ 3,962,944Final Contract Amount $ 4,546,012 If final amount is different from original, please explain (change orders, extra work, etc.) Change orders, extra work Did. you file any claims against the Agency? :.Did the Agency file. any claims against you/Contractor? If yes, briefly explain and indicate outcome of claims. No. 3 Project Name/Number Simi Valley High School -New Parking Lot / 18J6BX281 Project Description Parking lot construction and site development at school Approximate Construction Dates: From November 2017 To: May 2018 Agency Name Simi Val Contact Person Jim M Unified School District Telephone (805) 306-4500 ext. 4462 Original f"% Amount $1,387,635 Final Contract Amount $1,395,590 If final amount is different from original, please explain (change orders, extra work, etc.) Change orders, extra work Did you file any claims against the Agency? Did the Agency file any claims against you/Contractor? If yes, briefly explain and indicate outcome of claims. No/No 11 No. Z Project Name/Number Promenade Mall Bus Stop Expan Project Description Street construction I upgrades ion Pro li: Approximate Construction Dates: From June 2018 To: January 2019 Agency Name Riverside Transit Agency Contact Person Rob Wyman Telephone (951) 565-5190 Original Contract Amount $ 2,935,361 Final Contract Amount $ 33023,882 If final amount is different from original, please explain (change orders, extra work, etc.) Change. orders, extra work Did .you .file any :claims against the .Agency? Did the Agency file any claims against you/Contractor? If yes, briefly explain and indicate outcome of claims. No. 3 Project Name/Number Sidewalk Repair Program Package No. 40 / E1908371 Project Description Sidewalk repair Approximate Construction Dates: From July 2) Agency Name City of Los An Contact Person Alice Kim 18 To: November 2018 Telephone (213) 847-4811 Original Contract Amount $ 360,610 Final Contract Amount $ 402,265 If final amount is different from original, please explain (change orders, extra work, etc.) Change orders, extra work Did you file any claims. against the Agency? Oid the Agency file any claims against you/Contractor? If yes, briefly explain and indicate outcome of claims. No / No ill No. 2 Project Name/Number Corvallis Landscape Renovation 103-17774 Project Description Landscaping renovation and site development at school Approximate Construction Dates: From January 2018 To: July 2019 Agency Name Norwalk - La Mirada Unified School District Contact Person Cindy Jimenez Telephone (562) 210-2047 Original Contract Amount $.6 ,222,731 Final Contract Amount $ 61576,473 If final amount is different from original, please explain (change orders, extra work, etc.) Change orders, extra work Did. you file any claims against the Agency? Did the Agency file any claims against you/Contractor? If yes, briefly explain and indicate outcome of claims. No. 3 Repplacement of Water Intensive Landscaping —Campus Entry and D1/E1 Project Name/Number40000780 and 40000781 Project Description Landscaping replacement at college Approximate Construction Dates: From January 2019 To:May 2019 Agency Name Los Angeles Community College District Contact Person Steve Paine Telephone (213) 891-2381 Original Contract Amount $ 897,574 Final Contract Amount $ 914,798 If final amount is different from original, please explain (change orders, extra work, etc.) Change orders, extra work Did ..you file any claims against the Agency? Did the Agency file any claims against you/Con#ractor? If yes, briefly explain and indicate outcome of claims. o/ No 11 No. '2 Project Name/Number Descanso Drive at West Sunset Boulevard Street Reconstruct[on l E1907851 Project Description Street construction, landscaping Approximate Construction Dates: From April` 2018 To: July 2020 Agency Name City of Los Angeles Contact Person 'Vernon Tabirara Telephone (213) 4854527 Original Contract Amount $2,943,773 Final Contract Amount $pending [f final amount is different from original, please explain {change orders, extra work, etc.} N/A Did you file any claims against the Agency? Did fihe Agency file any claims against you/Contractor? If yes, briefly explain and indicate outcome of claims. No. 3 Project Name/Number i-[ndero Linear Park Project Description New park construct[on --Phase 1 and 2 Approximate Construction Dates: From September 201$ To: October 2019 Agency Name of Westlake V[il Contact Person Jessica Arden Telephone (816j 706-1613 Original Contract Amount $ 3,721,391 Final Contract Amount $ 31 704,423 If final amount is different from original, please explain (change orders, extra work, etc.) Change orders, less work Did you file any claims against the Agency? Did the Agency file any claims against you/Contractor? [f yes, briefly explain and indicate outcome of claims. No / No 17 NOm Project Name/Number Harrison ES New Classroom Bldg I Modernization(Site Construction) 104-117796 Project Description Site development at school Approximate Construction Dates: From June 2019 To, July 2020 Agency Name Riverside Unified School District Contact Person Chenchira Jane Jumnongs ip Telephone (951) 352-6729 x82801 Original Contract Amount $1,795,594FIna! Confiract Amount $Pending if final amount is different from original, please explain {change orders, extra work, etc.) NIA Did you file any claims against the Agency? DId the Agency :file. any claims against you/Contractor? If yes, briefly explain and indicate outcome of claims. No. 3 Projecfi Name/Number Project Description DM 18-19 Irrigation System upgrade / 5112270 Refurbishment of campus irrigation system Approximate Gonstrucfiion Dates: From ,February 2020 To:August 2420 Agency Name University of California, Irvine Contact Person Teresa He, N/A Did :you file ,Telephone {949} 8245041 Original Gontract Amount $ 815,720 Final Gontract Amount q; pending [f final amount is different from original, please explain ( change orders, extra work, etc,) any claims against the Agency? Did the Agency file any claims against you�Confiractor? 1f yes, briefly explain and indicate outcome of claims. No/No 1 '( No, 4 Projecfi .Name/Number Discovery Park & Furrnan Park: improvements .Project / 19-30 & 19-31 Project Description improvements to two existing parks 1�pproximate Construction Dates: From September 2019 To; June 2020 Agency Name City of Downey Contact Person Walt Eden Telephone (949 874-9170 4rigina[ Contract Amount $6,485,620 Final Contract Amount $pending [f final amount is difFerent from original, please explain (change orders, extra work, e#c.) NIA Did you fleany claims against the Agency? D[d the Agency file :any claims against youlConfiractor? if yes, briefly expla[n and indicate outcome of claims. No i No No.3 Project Name/Number Project Description Westwood Neighborhood G Project / EW40071 F and .drainage improvements Approximate Cons#ruction Dates: From September 2019 To: June 2020 Agency Name Contact Person of Los r n Kamal Telephone (213) 847-0342 Original Contract Amount $ 2,494,495Fina[ Contract Amount $pending [f final amount is different from original, please explain {change orders, extra work, etc.) NIA Did. you file any claims against the Agency? Did the Agency file any claims against youlContractor? if yes, briefly explain and indicate outcome of claims, No / No 72 Project Name/Number Tujunga Spreading Grounds Landscaping and Fencing Improvement / FCC0001330 Project Description Landscaping and site development at wash area Approximate Construction Dates: From May 2020 To: February 2021 Agency Name County of Los Angeles Department of Public Works Contact Person All Rana Telephone {626) 458-3110 Driginal Contract Amount $5,825,836 Final Contract Amount $ Pending If final amount is different from original, please explain (change orders, extra work, etc.) NIA Did you file any claims against the Agency? Did the Agency file any claims against you/Contractor? If yes, briefly explain and indicate outcome of claims. No / No Attach additional sheets if necessary. Attach to fihis Bid the experience resume of the person who will be designated as General Construction Superintendent or on-site Construction Manager for the Contractor. Upon request, the Contractor shall attach. a .financial statement and other information sufficiently comprehensive to permit an appraisal of the Contractor's current financial conditions. Environmental Construction, Inc. 13 mI ewport Beach BIG CANYON RESTORATION PROJECT PHASE 2A Contract No. 8208-2 NON -COLLUSION AFFIDAVIT State of California ) ss. County of Los Angeles es ) Farid Soroudi ,being first duly sworn, deposes and says that he or she is President and Secretary of Environmental Construction, Inc. the party making the foregoing bid; that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham, that party making the foregoing bid; that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. Env • • • MA - • . • •31dder Pse/Title Subscribed and sworn to (or affirmed) before me on this 15th day of MaY , 2020 by Farid Soroudi proved to me on ,the basis of satisfactory evidence to be the persons) who appeared before me. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. [SEAL] 14 My Commission Expires: "�'G�'`' City of Newport Beach BIG CANYON RESTORATION PROJECT - PHASE 2A Contract No. 8208-2 DESIGNATION OF SURETIES Bidder's name Environmental Construction, Inc. Provide. the. names, addresses, and :phone numbers. for all brokers :and sureties from whom Bidder intends to procure insurance and bonds (list by insurance/bond type): Surety: Vi ilant Insurance Companyy 12026 Hall's Mill Road Whitehouse Station, NJ 08889 / 908-903-3493 Broker: Al ant Insurance Services,'lnc. 1301 Dove Street, Suite 200, Newport Beach, CA 926601949-660-5953 G/L Insurer: Landmark American Insurance Company / 945 East Paces Ferry Road, Suite 1800 Atlanta GA 30326-1160 / 818-772-3826 Broker: Alliant Insurance Services, Inc. / 1301 Dove Street, Suite 200, Newport Beach, CA 9260-2436 1 949-660-5956 Excess Insurer: Aspen American Insurance Company / 175 Capital Blvd., Suite 300, Rocky Hill CT 06067 / 860-258-3500 Broker: Alliant Insurance Services, Inc. / 1301 Dove Street, 'Suite 200, Newport Beach, CA 9260-2436 / 949-660-5956 Auto Insurer: AmGUARD Insurance Company 116 South River Street, Wilkes-Barre, PA 187031570-825-9900 Broker: Frank Foroutan Insurance Agency Inc. / 11859 Wilshire Blvd, Suite 685, Los Angeles, CA 90025 / 3104814280 W/C Insurer: Cypress Insurance Company 11314 Douglas Street, Suite 1300, Omaha, NE 68102 / 8884 95-8949 Broker: Alliant insurance Services, Inc.Dove Street, Suite 200, Newport Beach, CA 92660-24361949-660-5956 Pollution Insurer: ACE Westchester Surplus Lines Insurance Company/ 11575 Great Oaks Way, Suite 200, Alpharetta, GA 30022 / 678-795-4279 Broker: Alliant Insurance Services, Inc. 1301 Dove Street, Suite 200, Newport Beach, CA 9266-2436 / 949-660-5956 15 City of Newport Beach BIG CANYON RESTORATION PROJECT - PHASE 2A` Contract No. 8208-2 CONTRACTOR'S INDUSTRIAL SAFETY RECORD TO ACCOMPANY PROPOSAL' Bidder's Name Environmental' Construction, Inc. Record Last Five {5) Full Years Current Year of Record The information required .for these items is the same as required for columns 3 #0 6, Code 10, Occupational Injuries, Summary --Occupational Injuries and Illnesses; OSHA No. 102. 16 Current Record Record Record Record Record Year of for for for for for Record 2019 2018 2017 2016 2015 Total 2020 No. of contracts 8 7 13 14 9 9 60 Total dollar Amount of 61,892 18,867 221862 51,332 193659 19,281 193,893 Contracts (in Thousands of $ No. of fatalities 0 0 0 0 0 0 0 No. of lost Workday Cases 0 0 1 0 0 0 1 No. of lost workday cases 0 0 0 0 0 0 0 involving permanent -transfer to another job or termination of employment The information required .for these items is the same as required for columns 3 #0 6, Code 10, Occupational Injuries, Summary --Occupational Injuries and Illnesses; OSHA No. 102. 16 Legal Business Name of Bidder Environmental Construction, Inc. Business Address: 21550 Oxnard Street, Suite 1060, Woodland Hills, CA 91367 Business Tel. No.: 818449-8920 State Contractor's License No. and Classification: 4986241 AB,C10,C27,HAZ,ASB Title Farid Soroudi - President and Secretary The above information was compiled from the records that are available to me at this time and I declare under penalty of perjury that the information is true and accurate within the limitations of those records. Signature of bidder Date Title Signature of bidder Date Title Signature of bidder Date Title Signature of bidder Date Title Farid Soroudi: 05-15-20 President (arid Soroudi: Signature Requirements: If bidder is an individual, name and signature of individual must be provided, if doing business under a fictitious name, the fictitious name must be set fort along with the County. If bidder is a partnership or joint venture, legal name of partnershipljoint venture must be provided, followed by signatures of all of the partnersljoint ventures or if fewer than all of the partners/joint ventures submit with evidence of authority to act on behalf of the _partnershipljoint venture. If bidder is a corporation, legal name of corporation must be provided, followed by signatures of the corporation President or Vice President or President and Secretary or Assistant Secretary, and the corporate seal, or submit with evidence of authority to act on behalf of the corporation. All must be acknowledged before a Notary Public, who must certify that such individuals, partnersljoint ventures, or officers were proven on the basis of satisfactory evidence to be the persons whose name are subscribed to and acknowledged that they executed the same in their authorized capacities. [NOTARY ACKNOWLEDGMENT and CORPORATE SEAL MUST BE ATTACHEDI ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California Los Angeles County of before me, Alan Safaei, Notary Public (insert name and .title of the officer) personally appeared Farid `Soroudi who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s),'or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. (Seal) ivorary runnc — cautornia Los Angeles County Z z D City of Newport Beach BIG CANYON RESTORATION PROJECT - PHASE 2A Contract No. 8208-2 ACKNOWLEDGEMENT OF ADDENDA Bidder's name Environmental Construction, Inc. The bidder shall signify receipt of all Addenda here, if any, and attach executed copy of addenda to bid documents: Addendum No. Date Received at 1 05-11-20 City of Newport Beach BIG CANYON RESTORATION PROJECT - PHASE 2A Contract No. 8208-2 INFORMATION REQUIRED OF BIDDER Bidder certifies under penalty of perjury under the 'laws of the State of California that the following information is true and correct: Name of individual Contractor, Company or Corporation: Environmental Construction, Inc. Business Address: 21550 Oxnard Street, Suite 1060, Woodland Hills, CA 91367 Telephone and Fax Number: 818-449-8920 (Phone) / 818-805-3558 (Fax) California State Contractor's License No. and Class :498624 / A,B,C10,C27,HAZ,ASB (REQUIRED AT TIME OF AWARD) Original Date Issued: 01-10-05 Expiration Date: 01-31-21 List the name and title/position of the persons) who inspected for your firm the site of the work proposed in these contract documents: Alan Safaei /Estimator The following are the names, titles, addresses, and phone numbers of all individuals, firm members, partners, joint ventures, and company or corporate officers having a principal interest in this proposal: Name Title Address Telephone Fa rid Soroudi /President / 21550 Oxnard Suite 1060, W and Hills, CA 91367 / 818-449-8920 Farid Soroudi /Secretary / 21550 Oxnard Street, Suite 1060, Woodland Hills, CA 91367 / 8.18449-8920 Farid Soroudi /Treasurer / 21550 Oxnard Street, Suite 1060, Woodland Hills, CA 91367 / 818-449-8920 Farid Soroudi / Manager / 21550 Oxnard Street, Suite 1060, Woodland Hills, CA 91367 1040 AAQ OQ01) Corporation organized under the laws of the State of California �E The dates of any voluntary or involuntary bankruptcy judgments against any principal having an interest in this proposal are follows: NIA All company, corporate, or fictitious business names used by any principal having interest in this `proposal are as follows: Environmental Construction, Inc. For all _arbitrations, lawsuits, settlements or the Like (in or out of court) you have been involved in with public agencies in the past five years (Attach additional Sheets if necessary) provide: Provide the names, addresses and telephone numbers of the parties; N/A Briefly summarize the parties' claims and defenses; WA Have you ever had a contract terminated by the owner/agency? If so, explain. No Have you ever failed to complete a project? If so, explain. NO For any projects ..you have been involved with in the last 5 years, did you have. any claims or actions by any outside agency or individual for labor com fiance (i.e. failure to pay prevailing wage, falsi/fying certified payrolls, etc.)? Ye No 20 Are any claims or actions unresolved or outstanding? Ye No If yes to any of the above, explain. (Attach additional sheets, if necessary) N/A Failure of the bidder to provide ALL requested information in a complete and accurate manner may be considered non-responsive. Environmental Construction, Inc. 17 On Farid Soroudi (Print name of Owner or President of Corporation/Company Pfesident and Secretary Title Date On May 15, 2020 _ _before me, Alan Safaei ,Notary Public, personally appeared Farid :Soroudi ,who proved to me on the basis of satisfactory evidence to be the persons) whose names) is/are subscribed `to he within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I cert ify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Notary Public My Commission Expires: said State 03-23-21 21 (SEAL) 7601 Dunkirk Ave 898.822=0707 highland Ca 92348 ftbby Ob]ercfte' To serve a hard working company who needs a hard working person with enterprise and the capacity to take over routine functions and rlptailArl work xperienr a February 2001- Present Environmental Construction Inc M Represent the coimpany at Owner meetings Deal directly with owners to resolve project issues successful Project closeout and submit all paperwork in a timely manner ■ Meet with owners/ inspectors and completed monthly billing ■ Safety walks ■ Hold weekly safety meetings with subcontractors / crew January 1985 - January 2001- Valley Crest Landscape Site Superintendent/ Project Safety Officer ■ Represent the company at Owner meetings • Deal directly with owners to resolve project issues successful Project' closeout and submit all paperwork in a timely manner Meet with owners/ inspectors and completed monthly billing ■ Safety walks ■ Hold weekly safety meetings with subcontractors / crew a Education High School Diploma — Newberry Park High School Ventura, Ca College = Allen Handcock College ■ 2 Yrs Local 345 ■ 10 Yrs Local 345 Journeyman Professional . OSHA 30 Card (Ongoing) Certificates • 24 Hr SWPPP Course ■ Trench Safety Class 1$c Aid Training — Sheriff Search and Rescue First Responder • CPR - Sheriff Search and Rescue First Responder • High -Rise Rescue- sheriff Search and Rescue First Responder work Experience �fl�1-2t��� Ria �flndo fan Gabriel Mit�gati+�n Praj�ct Superintendent 2000-2001 Roodevelt Park City of Les Angers Superintendent 2001-2001 Belvedeere Park City of Los Angeles Superintendent 2002-2003 Tustin St Project City of Pasadena Superintendent 2003=2004 Ernest Debbs Park City of Las Angeles Superintendent 2003-2004 Rialto Ballfield _ - City of Rialto Superintendent 2004-2005 Mar Vista Park City of Culver City Superintendent 2005w2006 Sorenson Park L.A. Co. DPW Superintendent 2006-2407 Redlands Park City of Redlands Superintendent 2007-2008 Perris High School City of Perris Superintendent 2007-2008 Sycamore Park City of Diamond Bar Superintendent 2008-2009 Banning High School LAUSD Superintendent 2009-2010 .Jordan High School LAJSD Superintendent 2009-2010 Imperial Landscape LAWA Superintendent 2011 T'rancas Park City of Malibu Superintendent 2911Markham MS` LAUSU Superintendent 2011 Washington Prep L..AUSC Superintendent 2011-2012 Silverhawk Park Co. of Riverside Superintendent 2012 ,ring Street Park City of Los Angeles Superintendent 2013 Carmen to Road L.A. Co. DPW Superintendent a e e..:a r�s4�.... P,F. �, i_ i i i_ i City of Newport Beach BIG CANYON RESTORATION PROJECT - PHASE 2A Contract No. 8208-2 V%1 1jft4%rWd%0%r=1 so MIMMI�r% The following Contract Documents shall be executed and delivered to the Engineer within ten (10) days (not including Saturday, Sunday and Federal holidays) after the date shown on the "Notification of Award" to the successful bidder: A:•R AND MATERIALSBOND PERFORMANCEL IT o FAITHFUL BOND The. City of Newport Beach will not .permit a substitute format for these Contract Documents. Bidders are advised to review their content with bonding, insuring and legal agents prior to submission of bid. Original Certificate(s) of Insurance, General Liability Insurance Endorsement, and Automobile Liability Insurance Endorsement shall be provided as required by the Contract documents and delivered to the Public Works Department within ten (10) working days after the date shown on the Notification of Award to the successful' bidder. The Labor and .Materials Payment Bond and. Faithful Performance Bond shall be .issued by an insurance organization or surety (1) currently authorized by he Insurance Commissioner to transact business of insurance in the State of California, and (2) listed as an acceptable surety in the latest revision of the Federal Register Circular 570. Pursuant to Public. Contract Code Section 22300, appropriate. securities may be substituted for any monies to be withheld to ensure performance under the Contract. .Insurance companies affording coverage shall be {1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, nd {2) assigned Policyholders' Rating A (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide: Property -Casualty. Coverages shall be provided as specified in the Standard Specifications for Public Works Construction, except as modified by the Special Provisions. Certificates of Insurance and additional insured endorsements shall be on the insurance company's forms, fully executed and delivered with the Contract. The Notice to Proceed will not be issued until all contract documents have been received and approved by the City. 22 BIG CANYON RESTORATION PROJECT — PHASE 2A CONTRACT NO. 8208-2 THIS CONTRACT FOR PUBLIC WORKS ("Contract") is entered into this 9th day of June, 2020 ("Effective Date"), by and between the CITY OF NEWPORT BEACH, a California municipal corporation and charter city ("City"), and ENVIRONMENTAL CONSTRUCTION, INC., a California corporation ("Contractor"), whose address is 21550 Oxnard Street, Suite 1060, Woodland Hills, CA 91367, and is made with reference to the following: RECITALS A. City is a municipal corporation duly organized and validly existing under the laws of the State of California with the power to carry on its business as it is now being conducted under the statutes of the State of California and the Charter of City. B. City has advertised for bids for the following described public work: "The work necessary for the completion, of this contract consists of the following items and all other incidental work items necessary to complete the work in place. The general project tasks are: 1. Project preparation including submittals and approvals; 2. Mobilization to the site; 3. Delineating project boundary with construction fencing; 4. Installing silt fencing and other stormwater best management practices (BMPs) specified in the SWPPP, over the extent of the project area especially along channel banks and steep slopes, for the entire construction period; 5. Clearing and grubbing (removal of pepper tree and non- native plants) including stump grinding, chipping, stockpiling mulch and hauling -off non -chipped material; 6. Selective pruning or removal of willows infested with Polyphagous Shot Hole Borer (PSHB) with subsequent chipping and stockpiling as specified in these provisions; 7. Installing improvement at storm drain outlet; 8. Grading back channel banks and/or excavating floodplain bench in select areas; 9. Backfilling tree removal voids and placing excess material in fill placement area; 10. Installing vegetated soil lifts (VSLs) as needed to reconstruct the channel banks with large voids from tree removal; 11. Within cleared areas, grading the floodplain to drain to the creek; 12. Spreading and mixing soil amendments into surface soils; 13. Installing temporary irrigation system; 14. Early planting and hydro seeding of steep slope area and creek banks/benches; 15. Installing remaining plantings and hydroseed areas including other areas disturbed by construction; 16. Installing erosion control fabric, straw wattles, and other stormwater BMPs as shown on the Drawings and specified in the SWPPP throughout the construction and Plant Establishment and Maintenance periods; 17. Maintaining seeded areas, plants and erosion control BMPs throughout the Plant Establishment and Maintenance Period. The project entails work directly adjacent to Big Canyon Creek, an active stream channel. Contractor shall phase and execute the work in a manner that prevents sediment and other pollutants from entering the creek. The creek shall be adequately isolated from work areas. The work may entail excavation and/or tree removal below the groundwater table. Contractor shall anticipate that groundwater and/or surface water may be encountered during the work. Contractor shall perform dewatering only as it deems necessary to perform the work. Contractor shall be aware that groundwater may contain potentially high selenium concentrations that could limit disposal options for any removed water. The work is in a public open space area. Contractor shall perform the work in a manner that ensures public's safety. Contractor will be able to limit public access within the limits of work. Contractor shall allow safe access to open space areas directly adjacent to the Work. The City will furnish native seed and one -gallon plants to be installed by the Contractor. The Contractor is responsible for transporting plant and seed materials to the site from vendors in southern California. Note that Contractor shall furnish and install all cuttings. Note that sensitive resources, such as nesting birds or protected plants or wildlife, as well as artifacts of archeological interest, may be encountered during construction. The City will hire monitors to assist the Contractor in identifying potential impacts during construction. In the event that a potential item of concern is discovered, Contractor shall immediately cease operations in that area and notify Engineer in accordance with of the Standard Specifications" (the "Project" or "Work"). C. Contractor has been determined by City to be the lowest responsible bidder and Contractor's bid, and the compensation set forth in this Contract, is based upon Contractor's careful examination of all Contract documents, plans and specifications. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: 1. CONTRACT DOCUMENTS The complete Contract for the Project includes all of the following documents: Notice Inviting Bids, Instructions to Bidders, Proposal, Bidder's Bond, Non -Collusion Affidavit, Notice to Successful Bidder, Labor and Materials Payment Bond (Exhibit A), Faithful Performance Bond (Exhibit B), Permits, Standard Special Provisions and Standard Drawings, Plans and Special Provisions for Contract No. 8208-2, Standard Specifications for Public Works Construction (current adopted edition and all supplements), and this Contract, and all modifications and amendments thereto (collectively the "Contract Documents"), all of which are incorporated herein by reference. The Contract Documents comprise the sole agreement between the parties as to the subject matter therein. Any representations or agreements not specifically contained in the Contract Documents are null and void. Any amendments must be made in writing, and signed by both parties in the manner specified in the Contract Documents. 2. SCOPE OF WORK Contractor shall perform everything required to be performed, and shall provide and furnish all the labor, materials, necessary tools, expendable equipment and all utility and transportation services required for the Project. All of the Work to be performed and materials to be furnished shall be in strict accordance with the provisions of the Contract Documents. Contractor is required to perform all activities, at no extra cost to City, which Environmental Construction, Inc. Page 2 are reasonably inferable from the Contract Documents as being necessary to produce the intended results. 3. COMPENSATION 3.1 As full compensation for the performance and completion of the Project as required by the Contract Documents, City shall pay to Contractor and Contractor accepts as full payment the sum of Nine Hundred Eighty Five Thousand Three Hundred Forty Eight Dollars ($985,348.00). 3.2 This compensation includes: 3.2.1 Any loss or damage arising from the nature of the Work; 3.2.2 Any loss or damage arising from any unforeseen difficulties or obstructions in the performance of the Work; and 3.2.3 Any expense incurred as a result of any suspension or discontinuance of the Work, but excludes any loss resulting from earthquakes of a magnitude in excess of 3.5 on the Richter Scale and tidal waves, including tsunamis, and which loss or expense occurs prior to acceptance of the Work by City. 4. PROJECT MANAGER Contractor shall designate a Project Manager, who shall coordinate all phases of the Project. This Project Manager shall be available to City at all reasonable times during the term of the Contract. Contractor has designated Bobby Patton to be its Project Manager. Contractor shall not remove or reassign the Project Manager without the prior written consent of City. City's approval shall not be unreasonably withheld. 5. ADMINISTRATION This Contract shall be administered by the Public Works Department. City's Public Works Director, or designee, shall be the Project Administrator and shall have the authority to act for City under this Contract. The Project Administrator or designee shall represent City in all matters pertaining to the Work to be rendered pursuant to this Contract. 6. NOTICE OF CLAIMS 6.1 Unless a shorter time is specified elsewhere in this Contract, before making its final request for payment under the Contract Documents, Contractor shall submit to City, in writing, all claims for compensation under or arising out of this Contract. Contractor's acceptance of the final payment shall constitute a waiver of all claims for compensation under or arising out of this Contract except those previously made in writing and identified by Contractor in writing as unsettled at the time of its final request for payment. The Contractor and City expressly agree that in addition to all claims filing requirements set forth in the Contract and Contract Documents, Contractor shall be Environmental Construction, Inc. Page 3 required to file any claim Contractor may have against City in strict conformance with the Government Claims Act (Government Code 900 et seq.). 6.2 To the extent that Contractor's claim is a "Claim" as defined in Public Contract Code section 9204 or any successor statute thereto, the Parties agree to follow the dispute resolution process set forth therein. Any part of such "Claim" remaining in dispute after completion of the dispute resolution process provided for in Public Contract Code section 9204 or any successor statute thereto shall be subject to the Government Claims Act requirements requiring Contractor to file a claim in strict conformance with the Government Claims Act. To the extent that Contractor's claim is not a "Claim" as defined in Public Contract Code section 9204 or any successor statute thereto, Contractor shall be required to file such claim with the City in strict conformance with the Government Claims Act (Government Code sections 900 et seq.). 7. WRITTEN NOTICE 7.1 All notices, demands, requests or approvals, including any change in mailing address, to be given under the terms of this Contract shall be given in writing, and conclusively shall be deemed served when delivered personally, or on the third business day after the deposit thereof in the United States mail, postage prepaid, first-class mail, addressed as hereinafter provided. 7.2 All notices, demands, requests or approvals from Contractor to City shall be addressed to City at: Attention: Public Works Director City of Newport Beach Public Works Department 100 Civic Center Drive P.O. Box 1768 Newport Beach, CA 92658 7.3 All notices, demands, requests or approvals from City to Contractor shall be addressed to Contractor at: Attention: Farid Soroudi Environmental Construction, Inc. 21550 Oxnard Street, Suite 160 Woodland Hills, CA 91367 8. INDEPENDENT CONTRACTOR City has retained Contractor as an independent contractor and neither Contractor nor its employees are to be considered employees of City. The manner and means of conducting the Work are under the control of Contractor, except to the extent they are limited by statute, rule or regulation and the express terms of this Contract. No civil service status or other right of employment shall accrue to Contractor or its employees. Environmental Construction, Inc. Page 4 Contractor shall have the responsibility for and control over the means of performing the Work, provided that Contractor is in compliance with the terms of this Contract. Anything in this Contract that may appear to give City the right to direct Contractor as to the details of the performance or to exercise a measure of control over Contractor shall mean only that Contractor shall follow the desires of City with respect to the results of the Work. 9. BONDING 9.1 Contractor shall obtain, provide and maintain at its own expense during the term of this Contract both of the following: (1) a Faithful Performance Bond in the amount of one hundred percent (100%) of the total amount to be paid Contractor as set forth in this Contract in the form attached as Exhibit B and incorporated herein by reference; and (2) a Labor and Materials Payment Bond in the amount of one hundred percent (100%) of the total amount to be paid Contractor as set forth in this Contract and in the form attached as Exhibit A and incorporated herein by reference. 9.2 The Faithful Performance Bond and Labor and Materials Payment Bond shall be issued by an insurance organization or surety (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, (2) listed as an acceptable surety in the latest revision of the Federal Register Circular 570, and (3) assigned a Policyholders' Rating A- (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide: Property - Casualty. 9.3 Contractor shall deliver, concurrently with execution of this Contract, the Faithful Performance Bond and Labor and Materials Payment Bond, and a certified copy of the "Certificate of Authority" of the Insurer or Surety issued by the Insurance Commissioner, which authorizes the Insurer or Surety to transact surety insurance in the State of California. 10. COOPERATION Contractor agrees to work closely and cooperate fully with City's designated Project Administrator and any other agencies that may have jurisdiction or interest in the Work to be performed. City agrees to cooperate with the Contractor on the Project. 11. PROGRESS Contractor is responsible for keeping the Project Administrator informed on a regular basis regarding the status and progress of the Project, activities performed and planned, and any meetings that have been scheduled or are desired. 12. INSURANCE Without limiting Contractor's indemnification of City, and prior to commencement of Work, Contractor shall obtain, provide and maintain at its own expense during the term of this Contract or for other periods as specified in the Contract Documents, policies of Environmental Construction, Inc. Page 5 insurance of the type, amounts, terms and conditions described in the Insurance Requirements attached hereto as Exhibit C, and incorporated herein by reference. 13. PROHIBITION AGAINST ASSIGNMENTS AND TRANSFERS Except as specifically authorized under this Contract, the services to be provided under this Contract shall not be assigned, transferred contracted or subcontracted out without the prior written approval of City. Any of the following shall be construed as an assignment: The sale, assignment, transfer or other disposition of any of the issued and outstanding capital stock of Contractor, or of the interest of any general partner or joint venturer or syndicate member or cotenant if Contractor is a partnership or joint -venture or syndicate or co -tenancy, which shall result in changing the control of Contractor. Control means fifty percent (50%) or more of the voting power or twenty-five percent (25%) or more of the assets of the corporation, partnership or joint -venture. 14. PREVAILING WAGES In accordance with the California Labor Code (Sections 1770 et seq.), the Director of Industrial Relations has ascertained the general prevailing rate of per diem wages in the locality in which the work is to be performed for each craft, classification, or type of workman or mechanic needed to execute the contract. A copy of said determination is available by calling the prevailing wage hotline number (415) 703-4774, and requesting one from the Department of Industrial Relations. All parties to the contract shall be governed by all provisions of the California Labor Code — including, but not limited to, the requirement to pay prevailing wage rates (Sections 1770-7981 inclusive). A copy of the prevailing wage rates shall be posted by the Contractor at the job site. 15. SUBCONTRACTING The subcontractors authorized by City, if any, to perform the Work on this Project are identified in the Contractor's Proposal and are attached as part of the Contract Documents. Contractor shall be fully responsible to City for all acts and omissions of any subcontractors. Nothing in this Contract shall create any contractual relationship between City and subcontractor, nor shall it create any obligation on the part of City to pay or to see to the payment of any monies due to any such subcontractor other than as otherwise required by law. City is an intended beneficiary of any Work performed by the subcontractor for purposes of establishing a duty of care between the subcontractor and City. Except as specifically authorized herein, the Work to be performed under this Contract shall not be otherwise assigned, transferred, contracted or subcontracted out without the prior written approval of City. 16. RESPONSIBILITY FOR DAMAGES OR INJURY 16.1 City and its elected or appointed officers, agents, officials, employees and volunteers and all persons and entities owning or otherwise in legal control of the property upon which Contractor performs the Project and/or Services shall not be responsible in any manner for any loss or damage to any of the materials or other things used or employed in performing the Project or for injury to or death of any person as a result of Environmental Construction, Inc. Page 6 Contractor's performance of the Work required hereunder, or for damage to property from any cause arising from the performance of the Project and/or Services by Contractor, or its subcontractors, or its workers, or anyone employed by either of them. . 16.2 Contractor shall be responsible for any liability imposed by law and for injuries to or death of any person or damage to property resulting from defects, obstructions or from any cause arising from Contractor's Work on the Project and/or Services, or the Work of any subcontractor or supplier selected by Contractor. 16.3 To the fullest extent permitted by law, Contractor shall indemnify, defend and hold harmless City, its elected or appointed officers, agents, officials, employees, volunteers and any person or entity owning or otherwise in legal control of the property upon which Contractor performs the Project and/or Services contemplated by this Contract (collectively, the "Indemnified Parties") from and against any and all claims (including, without limitation, claims for bodily injury, death or damage to property), demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including, without limitation, attorneys' fees, disbursements and court costs) of every kind and nature whatsoever (individually, a Claim; collectively, "Claims"), which may arise from or in any manner relate (directly or indirectly) to any breach of the terms and conditions of this Contract, any Work performed or Services provided under this Contract including, without limitation, defects in workmanship or materials or Contractor's presence or activities conducted on the Project (including the negligent, reckless, and/or willful acts, errors and/or omissions of Contractor, its principals, officers, agents, employees, vendors, suppliers, subconsultants, subcontractors, anyone employed directly or indirectly by any of them or for whose acts they may be liable for any or all of them). 16.4 Notwithstanding the foregoing, nothing herein shall be construed to require Contractor to indemnify the Indemnified Parties from any Claim arising from the sole negligence or willful misconduct of the Indemnified Parties. Nothing in this indemnity shall be construed as authorizing any award of attorneys' fees in any action on or to enforce the terms of this Contract. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by Contractor. 16.5 Contractor shall perform all Work in a manner to minimize public inconvenience and possible hazard, to restore other work areas to their original condition and former usefulness as soon as possible, and to protect public and private property. Contractor shall be liable for any private or public property damaged during the performance of the Project Work. 16.6 To the extent authorized by law, as much of the money due Contractor under and by virtue of the Contract as shall be considered necessary by City may be retained by it until disposition has been made of such suits or claims for damages as aforesaid. Environmental Construction, Inc. Page 7 16.7 Nothing in this Section or any other portion of the Contract Documents shall be construed as authorizing any award of attorneys' fees in any action to enforce the terms of this Contract, except to the extent provided for above. 16.8 The rights and obligations set forth in this Section shall survive the termination of this Contract. 17. CHANGE ORDERS 17.1 This Contract may be amended or modified only by mutual written agreement of the parties. 17.2 The Contractor shall only commence work covered by a change order after the change order is executed and notification to proceed has been provided by the City. 17.3 There shall be no change in the Contractor's members of the project team, as listed in the approved proposal, which is a part of this contract without prior written approval by the City. 18. CONFLICTS OF INTEREST 18.1 Contractor or its employees may be subject to the provisions of the California Political Reform Act of 1974 (the "Act") and/or Government Code §§ 1090 et seg., which (1) require such persons to disclose any financial interest that may foreseeably be materially affected by the Work performed under this Contract, and (2) prohibit such persons from making, or participating in making, decisions that will foreseeably financially affect such interest. 18.2 If subject to the Act and/or Government Code §§ 1090 et seq., Contractor shall conform to all requirements therein. Failure to do so constitutes a material breach and is grounds for immediate termination of this Contract by City. Contractor shall indemnify and hold harmless City for any and all claims for damages resulting from Contractor's violation of this Section. 19. TERMINATION 19.1 In the event that either party fails or refuses to perform any of the provisions of this Contract at the time and in the manner required, that party shall be deemed in default in the performance of this Contract. If such default is not cured within a period of two (2) calendar days, or if more than two (2) calendar days are reasonably required to cure the default and the defaulting party fails to give adequate assurance of due performance within two (2) calendar days after receipt of written notice of default, specifying the nature of such default and the steps necessary to cure such default, the non -defaulting party may terminate the Contract forthwith by giving to the defaulting party written notice thereof. 19.2 Notwithstanding the above provisions, City shall have the right, at its sole discretion and without cause, of terminating this Contract at any time by giving seven (7) Environmental Construction, Inc. Page 8 calendar days' prior written notice to Contractor. In the event of termination under this Section, City shall pay Contractor for Services satisfactorily performed and costs incurred up to the effective date of termination for which Contractor has not been previously paid. On the effective date of termination, Contractor shall deliver to City all materials purchased in performance of this Contract. 20. STANDARD PROVISIONS 20.1 Recitals. City and Contractor acknowledge that the above Recitals are true and correct and are hereby incorporated by reference into this Contract. 20.2 Compliance with all Laws. Contractor shall at its own cost and expense comply with all statutes, ordinances, regulations and requirements of all governmental entities, including federal, state, county or municipal, whether now in force or hereinafter enacted. In addition, all Work prepared by Contractor shall conform to applicable City, county, state and federal laws, rules, regulations and permit requirements and be subject to approval of the Project Administrator. 20.3 Integrated Contract. This Contract represents the full and complete understanding of every kind or nature whatsoever between the parties hereto, and all preliminary negotiations and agreements of whatsoever kind or nature are merged herein. No verbal agreement or implied covenant shall be held to vary the provisions herein. 20.4 Conflicts or Inconsistencies. inconsistencies between this Contract and terms of this Contract shall govern. In the event there are any conflicts or any other attachments attached hereto, the 20.5 Interpretation. The terms of this Contract shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of the Contract or any other rule of construction which might otherwise apply. 20.6 Amendments. This Contract maybe modified or amended only by a written document executed by both Contractor and City and approved as to form by the City Attorney. 20.7 Severability. If any term or portion of this Contract is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this Contract shall continue in full force and effect. 20.8 Controlling Law and Venue. The laws of the State of California shall govern this Contract and all matters relating to it and any action brought relating to this Contract shall be adjudicated in a court of competent jurisdiction in the County of Orange, State of California. 20.9 Equal Opportunity Employment. Contractor represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because of race, religious creed, color, national origin, Environmental Construction, Inc. Page 9 ancestry, physical handicap, medical condition, marital status, sex, sexual orientation, age or any other impermissible basis under law. 20.10 No Attorney's Fees. In the event of any dispute or legal action arising under this contract, the prevailing party shall not be entitled to attorneys' fees. 20.11 Counterparts. This Contract may be executed in two (2) or more counterparts, each of which shall be deemed an original and all of which together shall constitute one (1) and the same instrument. 21. EFFECT OF CONTRACTOR'S EXECUTION Execution of this Contract and all other Contract Documents by Contractor is a representation that Contractor has visited the Project site, has become familiar with the local conditions under which the Work is to be performed, and has correlated all relevant observations with the requirements of the Contract Documents. 22. WAIVER A waiver by City or any term, covenant, or condition in the Contract Documents shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant or condition. 23. RECITALS City and Contractor acknowledge that the above Recitals are true and correct and are hereby incorporated by reference into this Contract. [SIGNATURES ON NEXT PAGE] Environmental Construction, Inc. Page 10 IN WITNESS WHEREOF, the parties hereto have caused this Contract to be executed on the day and year first written above. APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Date: (o// $/1 � Zo By: 6 L . !-- �o1;Aaron C. Harp %&, 19 City Attorney ATTEST: Date: i ��� //Vi►tl CITY OF NEWPORT BEACH, a California municipal corporation Date: &1zy/zvZy By: Will O'Neill Mayor CONTRACTOR: ENVIRONMENTAL CONSTRUCTION, INC., a California corporation Date: Signed in Counterpart By: Leilani 1. Brown Farid Soroudi President/Secretary [END OF SIGNATURES] Attachments: Exhibit A -- Labor and Materials Payment Bond Exhibit B -- Faithful Performance Bond Exhibit C — Insurance Requirements Environmental Construction, Inc. Page 11 IN WITNESS WHEREOF, the parties hereto have caused this Contract to be executed on the day and year first written above. APPROVED AS TO FORM: CITY OF NEWPORT BEACH, CITY ATTORNEY'S OFFICE a California municipal corporation Date: 6 Date: By: Aaron C. Harp rip City Attorney ATTEST: Date: By: Will O'Neill Mayor CK9]hi, INC7_T-40111110331 ENVIRONMENTAL CONSTRUCTION, INC., a California corporation Date: By: By: e Leilani I. BrownF d Sor City Clerk resident/Secretary [END OF SIGNATURES] Attachments: Exhibit A -- Labor and Materials Payment Bond Exhibit B -- Faithful Performance Bond Exhibit C — Insurance Requirements Environmental Construction, Inc. Page 11 Executed in Duplicate Premium: Included in Performance Bond EXHIBIT A CITY OF NEWPORT BEACH BOND NO. 82447715 LABOR AND MATERIALS PAYMENT BOND WHEREAS, the City of Newport Beach, State of California, has awarded to Environmental Construction, Inc. hereinafter designated as the "Principal," a contract for: "The work necessary for the completion, of this contract consists of the following items and all other incidental work items necessary to complete the work in place. The general project tasks are: 1. Project preparation including submittals and approvals; 2. Mobilization to the site; 3. Delineating project boundary with construction fencing; 4. Installing silt fencing and other stormwater best management practices (BMPs) specified in the SWPPP, over the extent of the project area especially along channel banks and steep slopes, for the entire construction period; 5. Clearing and grubbing (removal of pepper tree and non-native plants) including stump grinding, chipping, stockpiling mulch and hauling -off non -chipped material; 6. Selective pruning or removal of willows infested with Polyphagous Shot Hole Borer (PSHB) with subsequent chipping and stockpiling as specified in these provisions; 7. Installing improvement at storm drain outlet; 8. Grading back channel banks and/or excavating floodplain bench in select areas; 9. Backfilling tree removal voids and placing excess material in fill placement area; 10. Installing vegetated soil lifts (VSLs) as needed to reconstruct the channel banks with large voids from tree removal; 11. Within cleared areas, grading the floodplain to drain to the creek; 12. Spreading and mixing soil amendments into surface soils; 13. Installing temporary irrigation system; 14. Early planting and hydro seeding of steep slope area and creek banks/benches; 15. Installing remaining plantings and hydroseed areas including other areas disturbed by construction; 16. Installing erosion control fabric, straw wattles, and other stormwater BMPs as shown on the Drawings and specified in the SWPPP throughout the construction and Plant Establishment and Maintenance periods; 17. Maintaining seeded areas, plants and erosion control BMPs throughout the Plant Establishment and Maintenance Period. The project entails work directly adjacent to Big Canyon Creek, an active stream channel. Contractor shall phase and execute the work in a manner that prevents sediment and other pollutants from entering the creek. The creek shall be adequately isolated from work areas. The work may entail excavation and/or tree removal below the groundwater table. Contractor shall anticipate that groundwater and/or surface water may be encountered during the work. Contractor shall perform dewatering only as it deems necessary to perform the work. Contractor shall be aware that groundwater may contain potentially high selenium concentrations that could limit disposal options for any removed water. The work is in a public open space area. Contractor shall perform the work in a manner that ensures public's safety. Contractor will be able to limit public access within the limits of work. Contractor shall allow safe access to open space areas directly adjacent to the Work. The City will furnish native seed and one -gallon plants to be installed by the Contractor. The Contractor is responsible for transporting plant and seed materials to the site from vendors in southern California. Note that Contractor shall furnish and install all cuttings. Note that sensitive resources, such as nesting birds or protected plants or wildlife, as well as artifacts of archeological interest, may be encountered during construction. The City will hire monitors to assist the Environmental Construction, Inc. Page A-1 Contractor in identifying potential impacts during construction. In the event that a potential item of concern is discovered, Contractor shall immediately cease operations in that area and notify Engineer in accordance with of the Standard Specifications", in the City of Newport Beach, in strict conformity with the Contract on file with the office of the City Clerk of the City of Newport Beach, which is incorporated herein by this reference. WHEREAS, Principal has executed or is about to execute the Contract and the terms thereof require the furnishing of a bond, providing that if Principal or any of Principal's subcontractors, shall fail to pay for any materials, provisions, or other supplies used in, upon, for, or about the performance of the Work agreed to be done, or for any work or labor done thereon of any kind, the Surety on this bond will pay the same to the extent hereinafter set forth. NOW, THEREFORE, We the undersigned Principal, and, Vigilant Insurance Company duly authorized to transact business under the laws of the State of California, as Surety, (referred to herein as "Surety") are held and firmly bound unto the City of Newport Beach, in the sum of Nine Hundred Eighty Five Thousand Three Hundred Forty Eight Dollars ($985,348.00) lawful money of the United States of America, said sum being equal to 100% of the estimated amount payable by the City of Newport Beach under the terms of the Contract; for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these present. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal or the Principal's subcontractors, fail to pay for any materials, provisions, or other supplies, implements or machinery used in, upon, for, or about the performance of the Work contracted to be done, or for any other work or labor thereon of any kind, or for amounts due under the Unemployment Insurance Code with respect to such work or labor, or for any amounts required to be deducted, withheld and paid over to the Employment Development Department from the wages of employees of the Principal and subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with respect to such work and labor, then the Surety will pay for the same, in an amount not exceeding the sum specified in this Bond, and also, in case suit is brought to enforce the obligations of this Bond, a reasonable attorneys' fee, to be fixed by the Court as required by the provisions of Section 9554 of the Civil Code of the State of California. The Bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Section 9100 of the California Civil Code so as to give a right of action to them or their assigns in any suit brought upon this Bond, as required by and in accordance with the provisions of Sections 9500 et seq. of the Civil Code of the State of California. And Surety, for value received, hereby stipulates and agrees that no change, extension of time, alterations or additions to the terms of the Contract or to the Work to be performed thereunder shall in any wise affect its obligations on this Bond, and it does hereby waive notice of any such change, extension of time, alterations or additions to the terms of the Contract or to the Work or to the specifications. Environmental Construction, Inc. Page A-2 In the event that any principal above named executed this Bond as an individual, it is agreed that the death of any such principal shall not exonerate the Surety from its obligations under this Bond. IN WITNESS WHEREOF, this instrument has been duly executed by the above named Principal and Surety, on the 16th day of July 12020 . Environmental Construction, Inc. Name of Contractor (Principal) Ary orize I ure/Title Vigilant Insurance Company Name of Surety 555 South Flower Street. Third Floor. Los Angeles. CA 90071 Address of Surety (213)612-5511 Telephone APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Date: :7j3Qj30s40 By: r,A.;;i& Ay Pow Aaron C. Harp City Attorney Authorized Agent Signature Kim Luu, Attorney -in -Fact Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST SE ATTACHED Environmental Construction, Inc. Page A-3 ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of 1-05 HnAB/2S ) ss. On 4J , 20_ -To before me, ken Notary Publi , personally appeared 11i I-rl/ S'oro OG•' who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. ALAN SAFAEI Notary Public - California Los Angeles County Commission k X'" My Comn. Emma Mar 23, 2021 (seal) State of California County of Orange 1 ss. On July 16 20 20 before me, Reece Joel Diaz Notary Public, personally appeared Kim Lou proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS hand and official seal. \ � O 7 7� C ng EzpP�ss ._— 25. 7023 ignature (seal) Environmental Construction, Inc. Page A-4 C•HUBB' Power of Attorney Federal Insurance Company I Vigilant Insurance Company I Pacific Indemnity Company Westchester Fire Insurance Company I ACE American Insurance Company Know All by These Presents, that FEDERAL INSURANCE COMPANY, an Indiana corporation, VIGILANT INSURANCE COMPANY, a New York corporation, PACIFIC INDEMNITY COMPANY, a Wisconsin corporation, WESTCHESTER FIRE INSURANCE COMPANY and ACE AMERICAN INSURANCE COMPANY corporations of the Commonwealth of Pennsylvania, do each hereby constitute and appoint Rhonda C. Abel, Jeri Apodaca, Reece Joel Diaz, Kim Luu, Michael D. Parizino, Rachelle Rheault, Heather Saltarelli and James A. Schaller of Newport Beach, California ---- ---- _- each as their true and lawful Attorney -in -Fact to execute under such designation in their names and to affix their corporate seals to and deliver for and on their behalf as surety thereon or otherwise, bonds and undertakings and other writings obligatory in the nature thereof (other than bail bonds) given or executed in the course of business, and any instruments amending or altering the same, and consents to the modification or alteration of any instrument referred to in said bonds or obligations. In Witness Whereof, said FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, PACIFIC INDEMNITY COMPANY. WESTCHESTER FIRE INSURANCE COMPANY and ACE AMERICAN INSURANCE COMPANY have each executed and attested these presents and affixed their corporate seals on this 251h day of March. 2020. Cklwn M. Chlort-N.,%.,; dant titxrri.iiy STATE OF NEW JERSEY County of Hunterdon SS. Stephen %1.1fancy. Vice President On this 251 day of March, 2020 before me, a Notary Public of New Jersey, personally came Dawn M. Chloros and Stephen M. Haney, to me known to be Assistant Secretary and Vice President, respectively, of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, PACIFIC INDEMNITY COMPANY, WESTCHESTER FIRE INSURANCE COMPANY and ACE AMERICAN INSURANCE COMPANY, the companies which executed the foregoing Power of Attorney, and the said Dawn M. Chloros and Stephen M. Haney, being by me duly sworn, severally and each for herself and himself did depose and say that they are Assistant Secretary and Vice President, respectively, of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, PACIFIC INDEMNITY COMPANY, WESTCHESTER FIRE INSURANCE COMPANY and ACE AMERICAN INSURANCE COMPANY and know the corporate seals thereof, that the seals affixed to the foregoing Power of Attorney are such corporate seals and were thereto affixed by authority of said Companies; and that their signatures as such officers were duly affixed and subscribed by like authority. Notarial Seal 4 KATHERINE J. At?ELAAR TARP NOTARY PUBLIC OF NEW JERSEY M�6-db N0.2316685 PUBLtt Commisslon Expires July 16, 2024 NaiMPublic R$ CERTIFICATION Resolutions adopted by the Boards of Directors of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY on August 30, 2016; WESTCHESTER FIRE INSURANCE COMPANY on December 11, 2006; and ACE AMERICAN INSURANCE COMPANY on March 20,2009: "RESOLVED, that the following authorizations relate to the execution. for and on behalf of the Company. of bonds, undertakings, recognizances, contracts and other written commitments of the Company entered into in the ordinary course of business (each a "Written Commitment'): (1) Each of the Chairman, the President and the Vice Presidents of the Company is hereby authorized to execute any Written Commitment for and on behalf of the Company, under the seal of the Company or otherwise. (2) Each duly appointed attorney-in-fact of the Company is hereby authorized to execute any Written Commitment for and on behalf of the Company, under the seal of the Company or otherwise, to the extent that such action is authorized by the grant of powers provided for in such person's written appointment as such attorney-in-fact. (3) Each of the Chairman. the President and the Vice Presidents of the Company is hereby authorized, for and on behalf of the Company, to appoint in writing any person the attorney- in-fact of the Company with full power and authority to execute, for and on behalf of the Company, under the seal of the Company or otherwise, such Written Commitments of the Company as may be specified in such written appointment, which specification may be by general type or class of written Commitments or by specification of one or more particular Written Commitments. (4) Each of the Chairman, the President and the Vice Presidents of the Company is hereby authorized. for and on behalf of the Company, to delegate in writing to any other officer of the Company the authority to execute. for and on behalf of the Company. under the Company's seal or otherwise, such Written Commitments of the Company as are specified in such written delegation, which specification may be by general type or class of Written Commitments or by specification ofone or more particular Written Commitments. (5) The signature of any officer or other person executing any Written Conunitment or appointment or delegation pursuant to this Resolution. and the seal of the Company. may be affixed by facsimile on such Written Commitment or written appointment or delegation. FURTHER RESOLVED. that the foregoing Resolution shall not be deemed to be an exclusive statement of the powers and authority of officers, employees and other persons to act for and on behalf of the Company. and such Resolution shall not limit or otherwise affect the exercise of any such power or authority otherwise validly granted or vested. - 1, Dawn M. Chloros, Assistant Secretary of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, PACIFIC INDEMNITY COMPANY, WESTCHESTER FIRE INSURANCE COMPANY and ACE AMERICAN INSURANCE COMPANY (the "Companies-) do hereby certify that (i) the foregoing Resolutions adopted by the Board of Directors of the Companies are true, correct and in full force and effect, (ii) the foregoing Power of Attorney is true, correct and in full force and effect. Given under my hand and seals of said Companies at Whitehouse Station, NJ, this J U L I G 201 IJttv:n tI. C hfar«-,1i�t:�.��irrctttt - - IN THE EVENT YOU WISH TO VERIFY THE AUTHENTICITY OF THIS BOND OR NOTIFY US OF ANY OTHER MATTER. PLEASE CONTACT US AT: Telephone (908) 903- 3493 Fax (908) 903- 3656 e-mail: surety@chubb.com Combined: FED-VIG-PI WFIC-AAIC (rev. 11-19) Executed in Duplicate EXHIBIT B CITY OF NEWPORT BEACH BOND NO. 82447715 FAITHFUL PERFORMANCE BOND The premium charges on this Bond is $ 10,375.00 , being at the rate of $ First $500,000.00 $12.50 thousand of the Contract price. Next $485,348.00 $8.50 WHEREAS, the City of Newport Beach, State of California, has awarded to Environmental Construction, Inc. hereinafter designated as the "Principal," a contract for: "The work necessary for the completion, of this contract consists of the following items and all other incidental work items necessary to complete the work in place. The general project tasks are: 1. Project preparation including submittals and approvals; 2. Mobilization to the site; 3. Delineating project boundary with construction fencing; 4. Installing silt fencing and other stormwater best management practices (BMPs) specified in the SWPPP, over the extent of the project area especially along channel banks and steep slopes, for the entire construction period; 5. Clearing and grubbing (removal of pepper tree and non-native plants) including stump grinding, chipping, stockpiling mulch and hauling -off non -chipped material; 6. Selective pruning or removal of willows infested with Polyphagous Shot Hole Borer (PSHB) with subsequent chipping and stockpiling as specified in these provisions; 7. Installing improvement at storm drain outlet; 8. Grading back channel banks and/or excavating floodplain bench in select areas; 9. Backfilling tree removal voids and placing excess material in fill placement area; 10. Installing vegetated soil lifts (VSLs) as needed to reconstruct the channel banks with large voids from tree removal; 11. Within cleared areas, grading the floodplain to drain to the creek; 12. Spreading and mixing soil amendments into surface soils; 13. Installing temporary irrigation system; 14. Early planting and hydro seeding of steep slope area and creek banks/benches; 15. Installing remaining plantings and hydroseed areas including other areas disturbed by construction; 16. Installing erosion control fabric, straw wattles, and other stormwater BMPs as shown on the Drawings and specified in the SWPPP throughout the construction and Plant Establishment and Maintenance periods; 17. Maintaining seeded areas, plants and erosion control BMPs throughout the Plant Establishment and Maintenance Period. The project entails work directly adjacent to Big Canyon Creek, an active stream channel. Contractor shall phase and execute the work in a manner that prevents sediment and other pollutants from entering the creek. The creek shall be adequately isolated from work areas. The work may entail excavation and/or tree removal below the groundwater table. Contractor shall anticipate that groundwater and/or surface water may be encountered during the work. Contractor shall perform dewatering only as it deems necessary to perform the work. Contractor shall be aware that groundwater may contain potentially high selenium concentrations that could limit disposal options for any removed water. The work is in a public open space area. Contractor shall perform the work in a manner that ensures public's safety. Contractor will be able to limit public access within the limits of work. Contractor shall allow safe access to open space areas directly adjacent to the Work. The City will furnish native seed and one -gallon plants to be installed by the Contractor. The Contractor is responsible for transporting plant and seed materials to the site from vendors in southern California. Note Environmental Construction, Inc. Page B-1 that Contractor shall furnish and install all cuttings. Note that sensitive resources, such as nesting birds or protected plants or wildlife, as well as artifacts of archeological interest, may be encountered during construction. The City will hire monitors to assist the Contractor in identifying potential impacts during construction. In the event that a potential item of concern is discovered, Contractor shall immediately cease operations in that area and notify Engineer in accordance with of the Standard Specifications", in the City of Newport Beach, in strict conformity with the Contract on file with the office of the City Clerk of the City of Newport Beach, which is incorporated herein by this reference. WHEREAS, Principal has executed or is about to execute the Contract and the terms thereof require the furnishing of a Bond for the faithful performance of the Contract. NOW, THEREFORE, we, the Principal, and Vigilant Insurance Company , duly authorized to transact business under the laws of the State of California as Surety (hereinafter "Surety"), are held and firmly bound unto the City of Newport Beach, in the sum of Nine Hundred Eighty Five Thousand Three Hundred Forty Eight Dollars ($985,348.00) lawful money of the United States of America, said sum being equal to 100% of the estimated amount of the Contract, to be paid to the City of Newport Beach, its successors, and assigns; for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these present. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal, or the Principal's heirs, executors, administrators, successors, or assigns, fail to abide by, and well and truly keep and perform any or all the Work, covenants, conditions, and agreements in the Contract Documents and any alteration thereof made as therein provided on its part, to be kept and performed at the time and in the manner therein specified, and in all respects according to its true intent and meaning, or fails to indemnify, defend, and save harmless the City of Newport Beach, its officers, employees and agents, as therein stipulated, then, Surety will faithfully perform the same, in an amount not exceeding the sum specified in this Bond; otherwise this obligation shall become null and void. As a part of the obligation secured hereby, and in addition to the face amount specified in this Performance Bond, there shall be included costs and reasonable expenses and fees, including reasonable attorneys' fees, incurred by City, only in the event City is required to bring an action in law or equity against Surety to enforce the obligations of this Bond. Surety, for value received, stipulates and agrees that no change, extension of time, alterations or additions to the terms of the Contract or to the Work to be performed thereunder shall in any way affect its obligations on this Bond, and it does hereby waive notice of any such change, extension of time, alterations or additions of the Contract or to the Work or to the specifications. This Faithful Performance Bond shall be extended and maintained by the Principal in full force and effect for one (1) year following the date of formal acceptance of the Project by City. Environmental Construction, Inc. Page B-2 In the event that the Principal executed this bond as an individual, it is agreed that the death of any such Principal shall not exonerate the Surety from its obligations under this Bond. IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety above named, on the 16th day of July '2020 Environmental Construction, Inc. •� Name of Contractor (Principal) Aut ized re(fitle Vigilant Insurance Company Name of Surety 555 South Flower Street, Third Floor, Los Angeles, CA 90071 Address of Surety (213)612-5511 Telephone APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Date: 7/ 3,0/ Zw Q Authorized Agent Signature Kim Lntl, Attorney -in -Fact Print Name and Title By: l,(„ Aaron C. Harp - 1p ' City Attorney oA�� NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED Environmental Construction, Inc. Page B-3 ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Goy fivers }ss. On 20-Q before me, Notary Public, personally appeared �ar2isr Sor v�cL.' who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. ALAN SAFAEI Notary Public - Calikmla ,. Los Angeles County Commission p 2187609 r My Comm. Expires Mar23, 202 (seal) State of California County of Orange } ss. On July 16 20 20 before me, Reece Joel Diaz Notary Public, personally appeared Kim Luu proved to me on the basis of satisfactory evidence to be the persons) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITN00and and official seal. NotREECEJicary Public TaZ California 6 JJJ...Oranae County CommissTo,, c ZZ94292 . Co.Tr.. E.m•er Ju' Z5. 2021 ' Signature (seal) Environmental Construction, Inc. Page B-4 C- H U B B' Power of Attorney Federal Insurance Company I Vigilant Insurance Company I Pacific Indemnity Company Westchester Fire Insurance Company I ACE American Insurance Company Know All by These Presents, that FEDERAL INSURANCE COMPANY, an Indiana corporation, VIGILANT INSURANCE COMPANY, a New York corporation, PACIFIC INDEMNITY COMPANY, a Wisconsin corporation, WESTCHESTER FIRE INSURANCE COMPANY and ACE AMERICAN INSURANCE COMPANY corporations of the Commonwealth of Pennsylvania, do each hereby constitute and appoint Rhonda C. Abel, Jeri Apodaca, Reece Joel Diaz, Kim Luu, Michael D. Parizino, Rachelle Rheault, Heather Saltarelli and James A. Schaller of Newport Beach, California ----------------------------------------------------------- each as their true and lawful Attorney -in -Fact to execute under such designation in their names and to affix their corporate seals to and deliver for and on their behalf as surety thereon or otherwise, bonds and undertakings and other writings obligatory in the nature thereof (other than bail bonds) given or executed in the course of business, and any instruments amending or altering the same, and consents to the modification or alteration of any instrument referred to in said bonds or obligations. In Witness Whereof, said FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, PACIFIC INDEMNITY COMPANY, WESTCHESTER FIRE INSURANCE COMPANY and ACE AMERICAN INSURANCE COMPANY have each executed and attested these presents and affixed their corporate seals on this 2P day of March, 2020. ev,�-L� A)t�- VOL., gl-� Rnrrn X1. t lticxcY;..lavct.tnt tiErretaty. STATE OF NEW JERSEY County of Hunterdon ss. Stephen M. Ilancy. Vice I'resitim On this 25te day of March, 2020 before me, a Notary Public of New Jersey, personally came Dawn M. Chloros and Stephen M. Haney, to me known to be Assistant Secretary and Vice President, respectively, of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, PACIFIC INDEMNITY COMPANY, WESTCHESTER FIRE INSURANCE COMPANY and ACE AMERICAN INSURANCE COMPANY, the companies which executed the foregoing Power of Attorney, and the said Dawn M. Chloros and Stephen M. Haney, being by me duly sworn, severally and each for herself and himself did depose and say that they are Assistant Secretary and Vice President, respectively, of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, PACIFIC INDEMNITY COMPANY, WESTCHESTER FIRE INSURANCE COMPANY and ACE AMERICAN INSURANCE COMPANY and know the corporate seals thereof, that the seals affixed to the foregoing Power of Attorney are such corporate seals and were thereto affixed by authority of said Companies; and that their signatures as such officers were duly affixed and subscribed by like authority. Notarial Seal KATHERINE J. ADELAAR TAq NOTARY PUBLIC OF NEW JERSEY N0.2316685 �L►�' Cormimion Expires July 18, 2024 irazry Pabt3c CERTIFICATION Resolutions adopted by the Boards of Directors of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY on August 30, 2016; WESTCHESTER FIRE INSURANCE COMPANY on December ll, 2006; and ACE AMERICAN INSURANCE COMPANY on March 20,2009: "RESOLVED, that the following authorizations relate to the execution, for and on behalf of the Company, of bonds, undertakings, recognizances, contracts and other written commitments of the Company entered into in the ordinary course of business (each a "Written Commitment'): (1) Each of the Chairman, the President and the Vice Presidents of the Company is hereby authorized to execute any Written Commitment for and on behalf of the Company, under the seal of the Company or otherwise. (2) Each duly appointed attorney-in-fact of the Company is hereby authorized to execute any Written Commitment for and on behalf of the Company, under the seal of the Company or otherwise, to the extent that such action is authorized by the grant of powers provided for in such person's written appointment as such attorney-in-fact. (3) Each of the Chairman. the President and the Vice Presidents of the Company is hereby authorized, for and on behalf of the Company, to appoint in writing any person the attorney- in-fact of the Company with full power and authority to execute, for and on behalf of the Company, under the seal of the Company or otherwise, such Written Commitments of the Company as may be specified in such written appointment, which specification may be by general type or class of Written Commitments or by specification of one or more particular Written Commitments. (4) Each of the Chairman, the President and the Vice Presidents of the Company is hereby authorized. for and on behalf of the Company, to delegate in writing to any other officer of the Company the authority to execute, for and on behalf of the Company, under the Company's seal or otherwise, such Written Commitments of the Company as are specified in such written delegation, which specification may be by general type or class of Written Commitments or by specification of one or more particular Written Commitments. (5) The signature of any officer or other person executing any Written Commitment or appointment or delegation pursuant to this Resolution. and the seal of the Company, may be affixed by facsimile on such Written Commitment or written appointment or delegation. FURTHER RESOLVED, that the foregoing Resolution shall not be deemed to be an exclusive statement of the powers and authority of officers. employees and other persons to act for and on behalf of the Company, and such Resolution shall not limit or otherwise affect the exercise of any such power or authority otherwise validly granted or vested." 1, Dawn M. Chloros, Assistant Secretary of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, PACIFIC INDEMNITY COMPANY, WESTCHESTER FIRE INSURANCE COMPANY and ACE AMERICAN INSURANCE COMPANY (the "Companies") do hereby certify that (f) the foregoing Resolutions adopted by the Board of Directors of the Companies are true, correct and in full force and effect, (ii) the foregoing Power of Attorney is true, correct and in full force and effect. Given under my hand and seals of said Companies at Whitehouse Station, NJ, this J U L 1 G 2020 .� • :-...., rte'' �r �•�-�r,? i P Ckivin M. Chkirtt; .1Fistadrti�rti'tsiyJ ; IN THE EVENT YOU WISH TO VERIFY THE AUTHENTICITY OF THIS BOND OR NOTIFY US OF ANY OTHER (NATTER. PLEASE CONTACT US AT: - • " Telephone (908) 903- 3493 Fax (908) 903- 3656 e•nmd: suretyrachubb.com Combined: FED-VIG-PI WFIC-AAIC (rev. 11-19) EXHIBIT C INSURANCE REQUIREMENTS — PUBLIC WORKS AND CONSTRUCTION 1. Provision of Insurance. Without limiting Contractor's indemnification of City, and prior to commencement of Work, Contractor shall obtain, provide and maintain at its own expense during the term of this Contract, policies of insurance of the type and amounts described below and in a form satisfactory to City. Contractor agrees to provide insurance in accordance with requirements set forth here. If Contractor uses existing coverage to comply and that coverage does not meet these requirements, Contractor agrees to amend, supplement or endorse the existing coverage. 2. Acceptable Insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, with an assigned policyholders' Rating of A- (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide, unless otherwise approved by the City's Risk Manager. 3. Coverage Requirements. A. Workers' Compensation Insurance. Contractor shall maintain Workers' Compensation Insurance providing statutory benefits and Employer's Liability Insurance with limits of at least one million dollars ($1,000,000) each employee for bodily injury by accident and each employee for bodily injury by disease in accordance with the laws of the State of California, Section 3700 of the Labor Code. In addition, Contractor shall require each subcontractor to similarly maintain Workers' Compensation Insurance and Employer's Liability Insurance in accordance with California law for all of the subcontractor's employees. The insurer issuing the Workers' Compensation insurance shall amend its policy by endorsement to waive all rights of subrogation against City, its elected or appointed officers, agents, officials, employees, volunteers, and any person or entity owning or otherwise in legal control of the property upon which Contractor performs the Project and/or Services contemplated by this Contract. Contractor shall submit to City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of City, its elected or appointed officers, agents, officials, employees, volunteers, and any person or entity owning or otherwise in legal control of the property upon which Contractor performs the Project and/or Services contemplated by this Contract. B. General Liability Insurance. Contractor shall maintain commercial general liability insurance, and if necessary umbrella liability insurance, with coverage at least as broad as provided by Insurance Services Office form CG 00 01, in an amount not less than one million dollars ($1,000,000) per occurrence, two million dollars ($2,000,000) general aggregate and two Environmental Construction, Inc. Page C-1 million dollars ($2,000,000) completed operations aggregate. The policy shall cover liability arising from premises, operations, products -completed operations, personal and advertising injury, and liability assumed under an insured contract (including the tort liability of another assumed in a business contract). C. Automobile Liability Insurance. Contractor shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of Contractor arising out of or in connection with Work to be performed under this Contract, including coverage for any owned, hired, non -owned or rented vehicles, in an amount not less than one million dollars ($1,000,000) combined single limit for each accident. 4. Other Insurance Requirements. The policies are to contain, or be endorsed to contain, the following provisions: A. Waiver of Subrogation. All insurance coverage maintained or procured pursuant to this Contract shall be endorsed to waive subrogation against City, its elected or appointed officers, agents, officials, employees, volunteers, and any person or entity owning or otherwise in legal control of the property upon which Contractor performs the Project and/or Services contemplated by this Contract or shall specifically allow Contractor or others providing insurance evidence in compliance with these requirements to waive their right of recovery prior to a loss. Contractor hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subcontractors. B. Additional Insured Status. All liability policies including general liability, products and completed operations, excess liability, pollution liability, and automobile liability, if required, shall provide or be endorsed to provide that City, its elected or appointed officers, agents, officials, employees, volunteers, and any person or entity owning or otherwise in legal control of the property upon which Contractor performs the Project and/or Services contemplated by this Contract shall be included as additional insureds under such policies. C. Primary and Non Contributory. Contractor's insurance coverage shall be primary insurance and/or the primary source of recovery with respect to City, its elected or appointed officers, agents, officials, employees, volunteers, and any person or entity owning or otherwise in legal control of the property upon which Contractor performs the Project and/or Services contemplated by this Contract. Any insurance or self-insurance maintained by City shall be excess of Contractor's insurance and shall not contribute with it. Environmental Construction, Inc. Page C-2 D. Notice of Cancellation. All policies shall provide City with thirty (30) calendar days' notice of cancellation or nonrenewal of coverage (except for nonpayment for which ten (10) calendar days' notice is required) for each required coverage except Builders Risk Insurance, which shall contain an endorsement with said required notices. 5. Additional Agreements Between the Parties. The parties hereby agree to the following: A. Evidence of Insurance. Contractor shall provide certificates of insurance to City as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers' compensation and other endorsements as specified herein for each coverage. All of the executed documents referenced in this Contract must be returned to City within ten (10) regular City business days after the date on the "Notification of Award". Insurance certificates and endorsements must be approved by City's Risk Manager prior to commencement of performance. Current certification of insurance shall be kept on file with City at all times during the term of this Contract. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf. At least fifteen (15) days prior to the expiration of any such policy, evidence of insurance showing that such insurance coverage has been renewed or extended shall be filed with the City. If such coverage is cancelled or reduced, Contractor shall, within ten (10) days after receipt of written notice of such cancellation or reduction of coverage, file with the City evidence of insurance showing that the required insurance has been reinstated or has been provided through another insurance company or companies. City reserves the right to require complete, certified copies of all required insurance policies, at any time. B. City's Right to Revise Requirements. The City reserves the right at any time during the term of the Contract to change the amounts and types of insurance required by giving Contractor ninety (90) calendar days' advance written notice of such change. If such change results in substantial additional cost to Contractor, City and Contractor may renegotiate Contractor's compensation. C. Right to Review Subcontracts. Contractor agrees that upon request, all agreements with subcontractors or others with whom Contractor enters into contracts with on behalf of City will be submitted to City for review. Failure of City to request copies of such agreements will not impose any liability on City, or its employees. Contractor shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Contractor shall ensure that City is an additional insured on insurance required from subcontractors. For CGL coverage, subcontractors shall provide coverage with a format at least as broad as CG 20 38 04 13. Environmental Construction, Inc. Page C-3 D. Enforcement of Contract Provisions. Contractor acknowledges and agrees that any actual or alleged failure on the part of City to inform Contractor of non-compliance with any requirement imposes no additional obligations on City nor does it waive any rights hereunder. E. Requirements not Limiting. Requirements of specific coverage features or limits contained in this Exhibit A are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. If the Contractor maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for higher limits maintained by the Contractor. Any available proceeds in excess of specified minimum limits of insurance and coverage shall be available to the City. F. Self -Insured Retentions. Contractor agrees not to self -insure or to use any self-insured retentions on any portion of the insurance required herein and further agrees that it will not allow any indemnifying party to self -insure its obligations to City. If Contractor's existing coverage includes a self-insured retention, the self-insured retention must be declared to City. City may review options with Contractor, which may include reduction or elimination of the self-insured retention, substitution of other coverage, or other solutions. Contractor agrees to be responsible for payment of any deductibles on their policies. G. City Remedies for Non Compliance. If Contractor or any subcontractor fails to provide and maintain insurance as required herein, then City shall have the right but not the obligation, to purchase such insurance, to terminate this Contract, or to suspend Contractor's right to proceed until proper evidence of insurance is provided. Any amounts paid by City shall, at City's sole option, be deducted from amounts payable to Contractor or reimbursed by Contractor upon demand. H. Timely Notice of Claims. Contractor shall give City prompt and timely notice of claims made or suits instituted that arise out of or result from Contractor's performance under this Contract, and that involve or may involve coverage under any of the required liability policies. City assumes no obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve City. I. Coverage not Limited. All insurance coverage and limits provided by Contractor and available or applicable to this Contract are intended to apply to the full extent of the policies. Nothing contained in this Contract or any other agreement relating to City or its operations limits the application of such insurance coverage. Environmental Construction, Inc. Page C-4 J. Coverage Renewal. Contractor will renew the coverage required here annually as long as Contractor continues to provide any Work under this or any other Contract or agreement with City. Contractor shall provide proof that policies of insurance required herein expiring during the term of this Contract have been renewed or replaced with other policies providing at least the same coverage. Proof that such coverage has been ordered shall be submitted prior to expiration. A coverage binder or letter from Contractor's insurance agent to this effect is acceptable. A certificate of insurance and/or additional insured endorsement as required in these specifications applicable to the renewing or new coverage must be provided to City with five (5) calendar days of the expiration of the coverages. K. Maintenance of General Liability Coverage. Contractor agrees to maintain commercial general liability coverage for a period of ten (10) years after completion of the Project or to obtain coverage for completed operations liability for an equivalent period. Environmental Construction, Inc. Page C-5 Reyes, Raymund From: Customer Service < customerservice@ebix.com > Sent: Wednesday, August 19, 2020 5:35 PM To: Reyes, Raymund; Insurance Cc: sagar@ebix.com Subject: Compliance Alert -Vendor Number FV00000204 [EXTERNAL EMAIL] DO NOT CLICK links or attachments unless you recognize the sender and know the content is safe. This Account has moved from non-compliant to COMPLIANT status and is currently in compliance for certificate of insurance requirements. FV00000204 Environmental Construction, Inc. Sent by Ebix, designated insurance certificate reviewer for the City of Newport Beach. City of Newport Beach BIG CANYON RESTORATION PROJECT - PHASE 2A Contract No. 8208_2 (Contractor shall submit proposals via the PROPOSAL ..(Bid Line. Items) contained in Planet8ids. Contractor shall sign the below acknowledgement) To the Honorable Cfty Council City of Newport Beach 100 Civic Center Drive Newport Beach, California 92660 Gentlemen: The undersigned declares that he has carefully .examined the location of the work, has read the Instructions to the Bidders, has examined the Plans and Special Provisions, and hereby proposes to furnish all materials except that material supplied by the City and shall perform all work required to complete Contract No. 8208-2 in accordance with the Plans and Special Provisions, and will take in full payment therefore the following unit prices for the work, complete in place, to wit: 05-15-20 Date 818-449-8920 (Phone) / 818-805-3558 (Fax) Bidder's Telephone and Fax Numbers 498624../ A,B,C10,C27,HAZ,ASB Bidder's License.. No(s). and Classifications) 1000009515 DIM Registration Number Environmental Construction, Inc. Bidder 21550'Oxnard Street, Suite 1060, Woodland Hills, CA 91367 Bidder's Address Bidder's email address: estimating@environcon.com am City of Newport Beach BIG CANYON RESTORATION PROJECT - PHASE 2A (C-8208-2), bidding on May 15, 2020 10:00 AM (Pacific) Bid Results Bidder Details Vendor Name Environmental Construction, Inc. Address 21550 Oxnard Street, Suite 1060 Woodland Hills, CA 91367 United States Respondee Farid Soroudi Respondee Title President and Secretary Phone 818-449-8920 Ext. Email estimating@environcon.com Vendor Type CADIR License # 498624 CADIR 1000009515 Bid Detail Bid Format Electronic Submitted May 15, 2020 9:54:35 AM (Pacific) Delivery Method Bid Responsive Bid Status Submitted Confirmation # 211802 Ranking 0 Respondee Comment Buyer Comment Attachments File Title File Name BID SUBMITTAL C-8208-2 Environmental Construction Inc BID SUBMITTAL C-8208-2 Environmental Construction I nc. pdf Bid Bond C-8208-2 Environmental Construction Inc Bid Bond C-8208-2 Environmental Construction Inc.pdf Line Items Type Item Code UOM Qty Unit Price Main Bid 1 Mobilization / Demobilization Lump Sum 1 $81,900.00 2 Construction Survey Lump Sum 1 $6,930.00 3 Water Control and Protection Lump Sum 1 $1,000.00 4 Stormwater Pollution Prevention Plan and Compliance Lump Sum 1 $98,569.00 5 Clearing and Grubbing, Mulching and Haul -off Acre 6.83 $25,700.00 PlanetBids, Inc. Page 1 Printed 05/15/2020 File Type General Attachment Bid Bond Line Total Comment $81,900.00 $6,930.00 $1,000.00 $98,569.00 $175,531.00 City of Newport Beach Page 2 BIG CANYON RESTORATION PROJECT - PHASE 2A (C-8208-2), bidding on May 15, 2020 10:00 AM (Pacific) Printed 05/15/2020 Bid Results Type Item Code UOM Qty Unit Price Line Total Comment 6 Tree Removal in Select Removal Areas Each 15 $1,500.00 $22,500.00 7 Plant and Willow Removals or Pruning in Select Removal Areas Cubic Yard 300 $204.00 $61,200.00 8 Processing PSHB-Infested Material Cubic Yard 300 $45.00 $13,500.00 9 Earthwork (On -Site, Cut to Fill) Lump Sum 1 $54,265.00 $54,265.00 10 Culvert Outfall Protection Lump Sum 1 $17,953.00 $17,953.00 11 Vegetated Soil Lifts Lineal Foot 1600 $10.00 $16,000.00 per Lift 12 Soil Amendments Acre 6.83 $11,000.00 $75,130.00 13 1 -Gallon Plants Each 6826 $8.00 $54,608.00 14 4 -Inch Pots, D-40 and Liner Plants Each 27018 $3.00 $81,054.00 15 Compost for Planting Cubic Yard 100 $100.00 $10,000.00 16 Live Cutting and Pole Plant Material Each 291 $12.00 $3,492.00 17 Hydroseed Acre 6.83 $7,500.00 $51,225.00 18 Mulch Spreading Cubic Yard 300 $100.00 $30,000.00 19 Temporary Irrigation System Lump Sum 1 $113,491.00 $113,491.00 20 Irrigation Controller Expansion Module Lump sum 1 $5,500.00 $5,500.00 21 120 -Day Plant Establishment & Maintenance Period Lump Sum 1 $8,000.00 $8,000.00 PlanetBids, Inc. City of Newport Beach BIG CANYON RESTORATION PROJECT - PHASE 2A (C-8208-2), bidding on May 15, 2020 10:00 AM (Pacific) Bid Results Type Item Code UOM Qty Unit Price 22 As -Built Drawings Subcontractors Name & Address Description Hydrosprout Hydroseeding 460-A CORPORATE DRIVE Escondido, CA 92029 United States Lump Sum 1 $3,500.00 Subtotal Total License Num 582303 PlanetBids, Inc. CADIR 1000005171 Page 3 Printed 05/15/2020 Line Total Comment $3,500.00 $985,348.00 $985,348.00 Amount Type $42,188.91 DATE: TO: CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT BIG CANYON Nlay 11, 2020 ALL'PlANHOLDERS Rt:5 I UKA 11UN PROJECT - PHASE 2A MA 001119.9 Public Works Director%City Engineer The following changes,. additions, deletions, or clarifications shall be made to the contract documents — all other conditions shall remain the same. A. MASTER CONTRACT-- TITLE SHEET L. Sealed bids shall be submitted electronically via PlanetBids to office of the City Clerk, 100 Civic Center Drive, Newport Beach, CA 92660 By 10:00 AM on the 15th day of May, 2020, at which time such bids shall be opened and read for BIG CANYON RESTORATION PROJECT - PHASE 2A, Contract No. 8208-2. 2. The Engineers Estimate is changed to $1,250,000. B. PROPOSAL. (BID ITEMS} 1. Change the quantity for Item No. 13,1 -Gallon Plants, to 6,826 each. 2. Change the quantity for Item No. 14, 4 -Inch Pots, D40 and Liner Plants, to 27,018 each. 3. Change the quantity for Item No. 16, Live Cutting and Pole Plant Material: 291 each 4. Change the quantity for Item No. 18, Mulch Spreading, to 300 cubic yards. C. SPECIAL PROVISIONS 7-5 PERMITS. The CDFW Streambed Alteration Agreement has been revised (Attachment 1) and supersedes the previous agreement. 9-3 PAYMENT. Item No. 5 Delete Bid Item No. 5 and replace with the following: "Item No. 5 owClearing and Grubbing, Mulching and Haul -off ;[Acre]: Work under this item shall include, but not be limited to, furnishing all labor, materials, tools, equipment and incidentals; paying disposal costs; and providing submittals; for clearing and grubbing within earthwork limits and other floodplain areas designated as Clear and Grub areas. The work includes, but is not limited to, removing all trees, bushes, shrubs, stumps, and roots; segregating cut leaves, small stems (with leaves and seeds), and seeds for disposal off-site; segregating PSHBAnfested materials for separate processing under Bid Item 8; chipping woody material and haul -off of chipped and non -chipped material for disposal. 300 cubic Yards of chipped material will be used on site as mulch for the plant wells with the material prepared per the requirements of Section 3004.3.1. This bid item also includes minor demolition, removal and offsite disposal of fences and other minor debris within the clearing and grubbing limits. Engineer will require a Schedule of Values from the low bidder contractor for this bid item. Note that spreading of mulch into the plant wells is paid under Bid Item No. 18 -Mulch Spreading." item No. 7A Delete Sid Item No. c and .replace :with the following: "Item No. 7 Plant and Willow Removals or Pruning in Select Removal Areas [Cubic Yard]: Work under this item shall include, but not be limited to, furnishing all labor, materials, tools, equipment and incidentals; and paying disposal costs; for removing, within the "Select Removal" areas shown on Sheet 3 of the Drawings, non-native vegetation consisting of shrubs, herbs and vines noted in Appendix B, and PSHB-infested trees and/or limbs. The work includes, but not limited to, segregating PSHB infested material for processing under Bid Item 8; segregating cut leaves, small stems (with leaves and seeds), and seeds for chipping, and haul -off for off site disposal; picking -up seeds obtained by Engineer with delivery project site; hand broadcasting seed in trail and disturbed areas (see Section 3004.1.2 below); and all other work items required to complete the work in place. This Bid Item includes minimizing disturbance to adjacent native vegetation. The Bid Item quantity is based on the chipped volume of non SHB -infested material." 3004 .1.2 Select Removal, Add the following to this section: "Trails and other cleared areas created in order to access the tree and plant removals shall be hand seeded with the appropriate seed mix shown on the drawings. No other hydroseed materials are required for the hand -seeded areas. Contractor may assume the area for hand seeding is 2,500 square feet." 300-1.3.1 Non-PSHB Debris. Delete the text under Section 300-1.3.1 and replace with the following: All cut leaves, small stems with leaves and seeds), and seeds shall raked up, chipped and removed from the site and disposed at a landfill. To reduce the number of truck trips for haul•off, Contractor shall shred all smaller limbs and foliage and use a stump grinder to chip the larger trunks and stems. Tree trunks and large limbs that will be used for. on-site mulch shall be prepared per the requirements of Section 800-1.2.5 Mulch. Chipped material shall not include any leaves, seeds or other green matter. If contaminated with such items, chipped material shall be rejected by Engineer and disposed of offsite at Contractor's expense." 8004 .2.5 Mulch. Add to this section: "The clean solarized mulch prepared under B'rd Item No. 8 will be utilized as weed -control ground cover within Big Canyon and paid under Bid Item No.18, Mulch Spreading. In the event Contractor completes all other items of work before the solarization process is completed, the task will be removed from the Contractor scope of work and performed by others." D. CONTRACTOR QUESTIONS Question 1: Is Contractor responsible for payment of water used _during construction and for plant irrigation, and for the water meter? Answer: Yes. See Section 7-8.5 of the Special Provisions --Temporary light, Power and Water. Question 2: If there are storm events after the installation of plants or hydroseed, will the contractor be able to ask for a change order for replanting or reseeding? Answer: Contractor's erosion control measures shall be robust and upgraded in anticipation of the storm season to minimize disturbance of plants and hydroseed. Contractor shall confer with Engineer on projected weather conditions and installation of plants or hydroseed may be delayed as appropriate. In the case of unpredicted and unanticipated heavy storm event, a change order will be considered if all erosion control measures were in place. Question 3: Which bid items cover tree removals? Answer: Bid Item No. S includes removal of all non-native trees in the 6.83 acre clear and grub area. Bid Item No. 6 includes removal non-native trees within the Select Removal areas. Bid Item No. 7 includes removal of PSBH infested willows within the Select Removal areas. Question 4: Is the low -voltage irrigation wire directly buried in the mainline trench? Answer: Yes, Question S: The Special Provisions, page 21, under section 3DD-1.1 General, second to last sentence states: "Grubbing consists of removing stumps, roots 14/2 inches in diameter or larger, buried logs, and A other objectionable material down to 3 feet below the ground surface." Is that in line with the CDFW Streambed Alteration Agreement where on page 2, Project Descriptions Section, Authorized Activities, #1, last sentence: "A small excavator or backhoe will be used to grub out the top 2 feet of surface material to extract the existing Brazilian pepper tree root mass."? Answer: Yes. The Streambed Alteration Agreement is noting that excavation around tree trunks may be necessary in order to facilitate removal of buried roots systems that could be considerably deeper. Bidders must sign #his Addendum No. 1 and attach it to the bid proposal. Addendum No. 1 includes the following changes and clarifications. made to the contract documents. Bid may not be considered unless this signed Addendum No.1 is attached. I have carefully examined this Addendum and have included full payment in my Proposal. Environmental Construction, Inc. Bidder`s Name (Please Printf 05-j 5-20 Date SPECIAL PROVISIONS BIG CANYON RESTORATION PROJECT- PHASE 2A CONTRACT NO. C-8208-2 INTRODUCTION SP 1 OF 55 All work necessary for the completion of this Contract shall be done in accordance with (1) these Special Provisions, (2) Drawings (Drawing No. P -5265-S), (3) City's Standard Special Provisions and Standard Drawings for Public Works Construction, (Latest Edition), including Supplements; (4) Standard Specifications for Public Works Construction (2015), including supplements. Copies of the Standard Special Provisions and Standard Drawings_may be purchased at the Public Works Department. Copies of the Standard Specifications may be purchased from Building News, Inc., 1612 South Clementine Street, Anaheim, CA 92802, 714-517-0970. The following Special Provisions supplement or modify the Standard Specifications for Public Works Construction as referenced and stated hereinafter: PART 1 GENERAL PROVISIONS SECTION 2 ---SCOPE AND CONTROL OF THE WORK 2-5.3 Submittals. Add the following to this section "Contractor shall refer to Section 6.1 for submittals that are required within ten working days of execution of the project contract. Contractor shall prepare and submit the following. a. Product Data. Submit manufacturer catalog information for proposed irrigation products as specified on the legend, notes, details, and plans to the Engineer for review and approval a minimum of 10 working days prior to commencement of work. Redline or highlight exact items on page submitted. Each submittal shall include manufacturer's product information ('cut') sheets for all components and materials proposed for use in fabricating and installing the irrigation system. b. Schedule of Values. Contractor shall provide a Schedule of Values for Bid Items identified by the Engineer. SP2OF55 c. Record Copy Drawings. During the course of installation, Contractor shall carefully record all field changes in red line on a print of the irrigation system as installed. These drawings shall be labeled "Record Drawing", and shall be made available for inspection. The status of the 'Record Drawing' must correlate directly with the percentage of work completed as described in the Contractor's Pay Request and may be used as a guide when approving payments. d. As -Built Drawings. Upon completion of the work of this section and as a condition of its acceptance, Contractor shall deliver to Engineer the following: Drawings: Submit prints and one reproducible and/or electronic file of as -built drawings. As -built drawings shall clearly show all original components of the approved Design/Build Irrigation Plan and all changes documented in the Record Copy. Main lines, drain valves, valve boxes and valve markers and other buried equipment shall be positively located by a minimum of two dimensions each from fixed reference points or with northings and eastings. a) Maintenance Manual: Submit three copies containing the following: b) Catalog cuts of all irrigation materials installed. c) Contractor's name, address and telephone number. d) The duration of the guarantee periods. e) The name and address of the local manufacturer's representative. f) List and description of routine maintenance procedures, including winterization, start-up, and recommended watering times for each zone. g) Troubleshooting guide. 2. Controller Reference Chart: Submit one chart for each controller installed or modified on site showing the area covered by each irrigation zone. The chart shall be a reduced copy of the As -Built Drawings, color coded to differentiate zone areas, and laminated between 20 mil plastic sheets. 3. Supplemental Equipment: Submit two keys for each of the following: quick coupling valves, quick coupling valve lids, valve markers, manual drain valves, valve boxes, and controller cabinets. e. Operations Plan. Contractor shall submit a detailed Operations Plan describing the Contractor's plan for performing the clearing and grubbing, storage, trailer and stockpile locations, other proposed use of the site and a water control plan for the creek. Contractor shall submit the Operations Plan to the Engineer for review, comment and approval. At a minimum, the Operation Plan shall include: 1. A list of major equipment to be used. 2. A diagram of the site showing Contactor's designated staging area, location of trailers, storage areas, stockpile areas, site access locations, creek crossing locations, and fueling and washdown areas. 3. A plan with site diagram, and signage as needed, describing how trucks will enter the site to deliver materials and haul off waste. 4. A diagram showing proposed phasing of clearing and grubbing and erosion control installation to stabilize cleared areas and protect creek water quality SP 3 OF 55 during rain events. Assume that the clearing and grubbing will occur in five phases, with each phase heavily protected from erosion prior to Engineer granting Contractor permission to clear and grub the next phase. 5. As needed, a revised irrigation installation plan based on field conditions. 6. A schedule of the operations, including specific dates for work. The Operation Plan shall show how high priority areas along the creek, steep slopes, and other areas highly sensitive to erosion will be protected and stabilized. 7. A plan for protection, control, management, and treatment of surface water and groundwater that may be encountered during removal of peppertree roots. 8. Contractor shall not deviate from the approved Operations Plan unless a revised plan has been approved in writing by Engineer. Failure to adhere to an approved plan shall be cause for rejection of Contractor's request for payment until the plan has been brought into conformance." 2-6 WORK TO BE DONE. Add to this section: "The work necessary for the completion of this contract consists of the following items and all other incidental work items necessary to complete the work in place. The general project tasks are: 1. Project preparation including submittals and approvals. 2. Mobilization to the site. 3. Delineating project boundary with construction fencing. 4. Installing silt fencing and other stormwater best management practices (BMPs) specified in the SWPPP, over the extent of the project area especially along channel banks and steep slopes, for the entire construction period. 5. Clearing and grubbing (removal of pepper tree and non-native plants) including stump grinding, chipping, stockpiling mulch and hauling -off non -chipped material. 6. Selective pruning or removal of willows infested with Polyphagous Shot Hole Borer (PSHB) with subsequent chipping and stockpiling as specified in these provisions. 7. Installing improvement at storm drain outlet. 8. Grading back channel banks and/or excavating floodplain bench in select areas. 9. Backfilling tree removal voids and placing excess material in fill placement area. 10. Installing vegetated soil lifts (VSLs) as needed to reconstruct the channel banks with large voids from tree removal. 11. Within cleared areas, grading the floodplain to drain to the creek. 12. Spreading and mixing soil amendments into surface soils. 13. Installing temporary irrigation system. 14. Early planting and hydroseeding of steep slope area and creek banks/benches. 15. Installing remaining plantings and hydroseed areas including other areas disturbed by construction. SP 4 OF 55 16. Installing erosion control fabric, straw wattles, and other stormwater BMPs as shown on the Drawings and specified in the SWPPP throughout the construction and Plant Establishment and Maintenance periods. 17. Maintaining seeded areas, plants and erosion control BMPs throughout the Plant Establishment and Maintenance Period. The project entails work directly adjacent to Big Canyon Creek, an active stream channel. Contractor shall phase and execute the work in a manner that prevents sediment and other pollutants from entering the creek. The creek shall be adequately isolated from work areas. The work may entail excavation and/or tree removal below the groundwater table. Contractor shall anticipate that groundwater and/or surface water may be encountered during the work. Contractor shall perform dewatering only as it deems necessary to perform the work. Contractor shall be aware that groundwater may contain potentially high selenium concentrations that could limit disposal options for any removed water. The work is in a public open space area. Contractor shall perform the work in a manner that ensures public's safety. Contractor will be able to limit public access within the limits of work. Contractor shall allow safe access to open space areas directly adjacent to the Work. The City will furnish native seed and one -gallon plants to be installed by the Contractor. The Contractor is responsible for transporting plant and seed materials to the site from vendors in southern California. Note that Contractor shall furnish and install all cuttings. Note that sensitive resources, such as nesting birds or protected plants or wildlife, as well as artifacts of archeological interest, may be encountered during construction. The City will hire monitors to assist the Contractor in identifying potential impacts during construction. In the event that a potential item of concern is discovered, Contractor shall immediately cease operations in that area and notify Engineer in accordance with Section 6-3.2 of the Standard Specifications. Access into the Nature Park to the project site is from Back Bay Drive only. 2-9 SURVEYING. 2-9.2 Survey Services. Replace entire section with the following: "Contractor is responsible for providing all staking and surveying needed to achieve all lines, grades and dimensions shown on the Drawings. Stakes and markers shall be provided as necessary to control the work and assure construction is in conformance with the Contract Documents and as otherwise directed by the Engineer. The Contractor shall anticipate the site conditions (e.g. creek flows, vandalism, etc.) when developing its approach for maintaining construction staking. Contractor's instruments and other survey equipment shall be accurate, suitable for the surveys required in accordance with recognized professional standards, and in proper condition and adjustment at all times. Surveys shall be performed under the direct supervision of a surveyor licensed in the State of California. SP 5 OF 55 2-9.3 Private Engineers. Add to this section: "Contractor's California Licensed Land Surveyor shall utilize/follow the existing City survey records used for the project design to provide construction survey services that are required to construct the improvements. All existing monuments, if any, are to be preserved. Contractor shall, prior to the beginning of work, inspect the project for existing survey monuments and then schedule a meeting with Engineer to walk the project to review the survey monuments. Contractor shall protect all survey monuments during construction operations. In the event that existing survey monuments are removed or otherwise disturbed during the course of work, the Contractor shall restore the affected survey monuments at his sole expense. Contractor's Licensed Surveyor shall file the required Record of Survey or Corner Records with the County of Orange upon monument restoration." SECTION 3 ---CHANGES IN WORK 3-1 CHANGES REQUESTED BY THE CONTRACTOR. Add the following: "3-1.3 Excavated Volume. The volume of excavated material is approximately 1,500 to 2,000 cubic yards. Earthwork, which includes excavation and spreading this material as fill over the project site, will be paid as Lump Sum." 3-3 EXTRA WORK. 3-3.2.3 Markup. Replace this section with: "(a) Work by Contractor. The following percentages shall be added to Contractor's costs and shall constitute the markup for all overhead and profits: 1) Labor ............................................ 15 2) Materials ....................................... 15 3) Equipment Rental ........................... 15 4) Other Items and Expenditures ........... 15 To the sum of the costs and markups provided for in this subsection, 1 percent shall be added for compensation for bonding. (b) Work by Subcontractor. When all or any part of the extra work is performed by a Subcontractor, the markup established in 3-3.2.3(a) shall be applied to Subcontractor's actual cost of such work. A markup of 10 percent on the first $5,000 of the subcontracted portion of the extra work and a markup of 5 percent on work added in excess of $5,000 of the subcontracted portion of the extra work may be added by Contractor." SP 6 OF 55 SECTION 4 ---CONTROL OF MATERIALS 4-1 MATERIALS AND WORKMANSHIP. 4-1.3.4 Inspection and Testing. All material and articles furnished by Contractor shall be subject to rigid inspection, and no material or article shall be used in the work until it has been inspected and accepted by the Engineer. Contractor shall furnish Engineer full information as to the progress of the work in its various parts and shall give the Engineer timely (48 -hours minimum) notice of the Contractor's readiness for inspection. Submittals are required for all construction material. When, in the opinion of the Engineer, additional tests and retesting due to failed tests or inspections are required because of unsatisfactory results in the manner in which Contractor executed the work, such tests and inspections shall be paid for by Contractor. SECTION 5 ---UTILITIES 5-1 LOCATION. Add the following after the 31d paragraph: "upon completion of the work or phase of work, Contractor shall remove all utility markings." 5-2 PROTECTION. Add the following: "In the event that an existing pull or meter box or cover is damaged by the Work and is not re -useable, Contractor shall provide and install a new pull or meter box or cover of identical type and size at no additional cost to City. Contactor shall protect the existing sewer lines in place. The sewer lines shall be located by Contractor prior to construction. In areas of excavation, the line shall be potholed at a minimum of two (2) locations, and shall be coordinated with Engineer. The results of the pothole data shall be provided to the Engineer prior to construction. No material may be stockpiled above the sewer lines. Any damage to the existing sewer lines shall be the sole responsibility of Contractor including all other losses that may occur as a result of the damage." 5.4 SALVAGED MATERIALS. Add: "Salvaged materials, if any, shall be delivered to the City's Utility Yard at 949 West 16th Street. The Contractor shall make arrangements for the delivery of salvaged materials by contacting Mr. Jim Auger, Operations Support Superintendent, at (949) 718- 3402." SP 7 OF 55 SECTION 6 ---PROSECUTION. PROGRESS AND ACCEPTANCE OF THE WORK 6-1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF WORK. Add to this Section: "Once the project contract is executed, Contractor shall have 10 working days to provide to the Engineer the following submittals as required by the California Coastal Commission's Coastal Development Permit: Construction Staging Plan — Contractor shall prepare the Construction Staging Plan that conforms to the draft California Coastal Commission permit requirements (attached) and the construction drawings. The plan shall include, at a minimum, a site plan that depicts the staging area(s), construction corridor(s), location of construction fencing and temporary job trailers, and signage to maintain safe public use around the construction site. The construction staging plan shall demonstrate that construction equipment is not stored outside the staging area, habitat (vegetated) areas are not be used for staging or storage of equipment, and construction of the project will not obstruct access to Upper Newport Bay Ecological Reserve. The staging areas will avoid impacts to public access to the bay and avoid impacts to sensitive habitat areas. 2. Stormwater Pollution Prevention Plans (SWPPP) — Contractor shall prepare the SWPPP per the requirements of the Construction General Permit Order 2009- 0009-DWQ and Section 7-8.6.3. Contractor shall contact Engineer who can provide information on the SWPPP's project description and sampling point locations. The Engineer will send these submittals to the California Coastal Commission (CCC) as part of the requirements for the Coastal Development Permit. The Notice to Proceed is anticipated to be issued 20 working days after this submittal to the CCC. Any time taken beyond 10 working day by the Contractor for submitting these plans to the Engineers may be deducted from the allowed working days. The time of completion as specified in Section 6-7, shall commence on the date of the Notice to Proceed. In addition to the approved submittals, no work shall begin until a Notice to Proceed has been issued, a pre -construction meeting has been conducted, the Operations Plan submitted and approved, all early required submittals have been approved, and a schedule of work has been approved by the Engineer. Pending timely receipt of all required early Contractor submittals, City intends to issue the Notice to Proceed by September 1, 2020. Contractor shall submit a construction schedule to the Engineer for approval a minimum of ten working days prior to commencing any work. Schedule may be bar chart or CPM style. Engineer will review the schedule and may require Contractor to modify the schedule to conform to the requirements of the Contract Documents. If work falls behind the approved SP 8 OF 55 schedule, Contractor shall be prohibited from starting additional work until Contractor has exerted extra effort to meet the original schedule and has demonstrated that the ability to maintain the approved schedule in the future. Such stoppages of work shall in no way relieve the Contractor from the overall time of completion requirement, nor shall it be construed as the basis for payment of extra work because additional personnel and equipment were required on the job. On-site Education. Engineer will conduct an education program for all Contractor staff prior to performing any work. The program will consist of a presentation from a qualified biologist and archeologist that includes a discussion of the biology of the habitats, species of special interest, and the potential for uncovering artifacts of archeological interest. If homeless encampments are discovered or if homeless people are found in the vicinity of the work area, Contractor shall notify the Engineer immediately." 6-7 TIME OF COMPLETION. 6-7.1 General. Add to this section: "The Contractor shall have 80 consecutive working days to complete all construction tasks within the "Clearing and Grubbing" areas after the date of the Notice to Proceed. An additional 30 consecutive working days is allowed to complete removals within the Select Removal area and subsequent processing. The Plant Maintenance and Establishment period is 120 consecutive calendar days, which includes erosion control maintenance activities, and shall commence after the Engineer has determined the work completed and accepted. Contractor shall ensure the availability of all material prior to the start of work. Unavailability of material will not be sufficient reason to grant Contractor an extension of time for 100 percent completion of work." 6-7.2 Working Days. Replace subsection 6-7.2 with the following: "any City holiday, defined as January 1, the third Monday in January (Martin Luther King Day), the third Monday in February (President's Day), the last Monday in May (Memorial Day), July 4, the first Monday in September (Labor Day), November 11 (Veterans Day), the fourth Thursday and Friday in November (Thanksgiving and Friday after), December 24 (Christmas Eve — half day), December 25 (Christmas) through January 1. If January 1, July 4, November 11 or December 25 falls on a Sunday, the following Monday is a holiday." 6-7.4 Working Hours. Normal working hours are limited to 7:00 a.m. to 6:00 p.m., Monday through Friday. Should Contractor elect to work outside normal working hours, Contractor must first obtain special permission from Engineer. The request may be for Saturday from 8:00 a.m. to 6:00 p.m. A request for working during any of these hours must be made at least 72 hours in advance of the desired time period. A separate request must be made for each work shift. Engineer reserves the right to deny any or all such requests. Additionally, Contractor shall pay for supplemental inspection costs of $123.00 per hour when such time periods are approved. SP9OF55 Contractor, subcontractors, suppliers, etc., shall not generate any noise at the work site, storage sites, staging areas, etc., before or after the normal working hours prescribed above, except for pumping operations for water control. Dewatering activities may begin at 6:00 a.m. at the request of Contractor if "silent" pumps are used. Dewatering equipment set-up must be completed the day prior to pumping activities to minimize noise impacts. Maximum decibel level shall be less than 55 dB at a distance of 50 feet from the pumps. Contractor's ability to start pumping at 6:00 a.m. may be revoked by the Engineer. Additionally, as this area is adjacent to residential areas, unnecessary noise shall be avoided. Access to the site shall be only from Back Bay Drive. Access from Jamboree Road for special situation is only allowed if authorized by the Engineer. 6-9 LIQUIDATED DAMAGES. Revise sentence three to read: "For each consecutive calendar day work is not completed by the milestone dates specified in Section 6-7.1 for completion of the work, the Contractor shall pay to the City or have withheld from moneys due it, the daily sum of one thousand dollars and no/100 ($1,000.00)." Revise paragraph two, sentence one, to read: "Execution of the Contract shall constitute agreement by the Agency and Contractor that one thousand dollars and no/100 ($1,000.00) per day is the minimum value of the costs and actual damage caused by the failure of the Contractor to complete the Work within the allotted time. The intent of this section is to emphasize to the Contractor the importance of prosecuting the work in an orderly preplanned continuous sequence so as to minimize inconvenience to residences, businesses, vehicular and pedestrian traffic, and the public as a result of construction operations." SECTION 7 ---RESPONSIBILITIES OF THE CONTRACTOR 7-5 PERMITS. Add to this section: "This project requires permits or approvals from several regulatory agencies. Copies of all final permits will be provided to Contractor when permits are received. Copies of the permits shall be kept on the site at all times during construction. Contractor will be required to comply with all final permit requirements. For purposes of this bid, the attached permits provide relevant information regarding the contractor's responsibilities in implementing this project. 1. Section 401 Water Quality Certification and Order (SARWQCB WDID # 302018-13) 2. California Department of Fish and Wildlife Streambed Alteration Agreement (No.1600- 2018-0235-R5) 3. California Coastal Commission Coastal Staff Report (Application No. 5-19-021, April 7, 20193). SP 10 OF 55 The Contractor is directed to Section 6.1 of these Special Provisions for submittal requirements per the California Coastal Commission permit. The Department of the Army Corps of Engineers Nationwide Permit 27 (Restoration Projects) is pending. The Engineer will review the Corps permit with the Contractor once the final permit is issued. Additionally, the Contractor shall abide by the requirements of the State Water Board Construction General Permit (2012-0006-DWQ). https://www.waterboards.ca.gov/water issues/programs/stormwater/constpermits.sht Contractor shall obtain all other permits necessary to perform the work." 7-7 COOPERATION AND COLLATERAL WORK. Add the following to this section: "7-7.2 Protection of Site Resources. Sensitive plant and animal species, as well as artifacts of archeological interest, may be discovered during the clearing/grubbing, mass grading or excavations. The City will hire a biological monitor and a cultural monitor to assist Contractor in spotting and protecting these resources. It the event something of potential value is discovered, Contractor shall immediately cease operations in that area and immediately notify the Engineer. Contractor will not be penalized for delays associated with these work stoppages." 7-8 WORK SITE MAINTENANCE 7-8.5 Temporary Light, Power and Water. Add to this section: "If Contractor elects to use City water, Contractor shall arrange for a meter and tender an $813 meter deposit with the City. Upon return of the meter to the City, the deposit will be returned to the Contractor, less a quantity charge for water usage and repair charges for damage to the meter. Water used during construction shall be paid for by Contractor. This includes water for flushing and pressure testing water lines, compaction, irrigation during maintenance period for landscaping, etc." 7-8.6 Water Pollution Control 7-8.6.2 Best Management Practices (BMPs). Add to this section: The Contractor shall select and implement erosion and sediment control measures (BMPs) as needed to stabilize the work area throughout construction, particularly during the rainy season. Erosion control measures shall include but not be limited to, erosion control fabric, straw wattles, live plant staking, seeding, mulch, plastic sheeting, sand bags, etc. Selected BMPs shall be sufficiently strong and resilient to protect the site, especially all cleared areas and the creek, throughout the contract period. SP 11 OF 55 The Contractor shall be aware that during rain events creek flows may extend beyond the newly graded channel banks. BMPs installed in the creek corridor shall be selected and appropriately anchored to withstand creek flows. Additionally, downstream areas shall be protected from runoff laden with sediment. This may require sediment detention basins. The Contractor shall take all precautions necessary to prevent site erosion and sediment delivery into the creek and downstream. The Contractor shall schedule and sequence the work to prioritize completion of grading, seeding, live stake planting, hydroseeding and BMP installation in high priority areas (as shown on the Drawings) prior to onset of the rainy season. 7-8.6.3 Storm Water Pollution Prevention Plan (SWPPP). Add to this section: "Contractor shall prepare and submit a SWPPP for review and approval to the Engineer within 10 working days of the execution of the project contract. The site-specific SWPPP shall be prepared by a Qualified SWPPP Developer (QSD) as defined by the Construction General Permit and submitted to the Engineer for review and approval. Note: The SWPPP design shall include very strong measures to prevent anything except incidental erosion of the site, especially cleared areas and areas adjacent to the creek. The SWPPP shall include the information needed to demonstrate compliance with all the requirements of the Construction General Permit. The SWPPP shall be developed and updated using Section 2 and Appendix B of the California Stormwater Quality Association (CASQA) Stormwater Best Management Practice Handbook Web Portal for Construction. The CASQA Construction BMP Web Portal can be accessed at the following link: https://www.casga.org/LeftNavigation/BMPHandbooksPortal/tabid/200/DefauIt.aspx Contractor shall amend the SWPPP as needed during the course of work to reflect actual construction progress and construction practices. Contractor shall designate a Qualified SWPPP Practitioner (QSP), as defined in the Construction General Permit (CGP), who will be responsible for compliance with Construction General Permit requirements on the project at all times. By submitting a bid, Contractor acknowledges that he has read and understands the requirements of the Construction General Permit. Contractor shall be responsible providing all reports required by the Construction General Permit (monitoring, inspection, Rain Event Action Plans, annual reports, etc.) to the Engineer for review. Time sensitive reports involving monitoring data shall be provided as soon as the information is available. All other reports shall be provided to the Engineer a minimum of two weeks prior to their deadline for submittal to the State Water Board. Full compensation for conforming to the requirements of CGP shall include, but not limited to, the following: • Develop a SWPPP to conform to a Risk Level 2 and Contractor's actual construction practices. SP 12 OF 55 • Administer, implement, maintain, and ensure adequate functioning of the various water quality control measures identified within the SWPPP during construction including all Numeric Action Level (NAL) and Numeric Effluent Limitation (NEL) sampling, monitoring and reporting requirements statutorily required for the project site. These tasks must be performed by a QSP. • Provide and maintain all documentation at the jobsite and administration for the entire Contract period. • Perform all work required for compliance with the requirements of the Construction General Permit including preparation of all Rain Event Action Plans and construction of effective treatment control BMPs. • Provide all labor, tools, equipment, and materials for any additional BMPs which may be required to comply with the requirements of the Construction General Permit. Failure of Contractor to implement and maintain the approved BMPs will result in immediate cleanup by City and back -charging Contractor for all costs plus 15 percent. Contractor may also receive a separate Administrative Citation per Section 14.36.030A2,3 of the City's Municipal Code." 7-8.6.4 Dewatering. Add to this section: "Contractor may encounter groundwater when performing the work. The Contractor shall perform dewatering only as it deems necessary to perform the work. The Contractor shall be aware that groundwater may contain potentially high selenium concentrations that could limit disposal options for any removed water. Contractor shall be aware that there will be base flows in the creek throughout construction. Contractor shall plan, sequence and execute the work in a manner that maintains creek flows and protects water quality. Contractor shall locally isolate work zones from active creek flows to protect creek water quality. Isolating the work area may include diverting creek flows if deemed necessary by Contractor and approved by the Engineer. Any flow diversion system shall include coffer dams installed at upstream and downstream ends of work area. Coffer dams shall be constructed starting at the upstream end to allow aquatic wildlife to move downstream out of the work area. Coffer dams shall be K -rails, sheet piles, visqueen, clean gravel or similar. Contractor will notify the Engineer prior to the construction and removal of coffer dams or other diversion measures. Any flow diversion shall comply with all permit requirements. All in -stream activities shall be scheduled to minimize the length of time during which the dewatering and flow diversion/isolation will be necessary, so as to minimize impacts to aquatic resources. Heavy equipment or vehicles shall not be permitted within the active river channel (below the water surface). Contractor shall design, install and remove temporary creek crossing(s) if needed to perform the work and approved by the Engineer. The crossing shall be sized to accommodate anticipated streamflow during construction with a 25% safety factor. Temporary creek crossing(s) shall not cause turbidity or local erosion and SP 13 OF 55 shall comply with all permit requirements. Temporary creek crossing(s) shall be completely removed following construction." 7-9 PROTECTION AND RESTORATION OF EXISTING IMPROVEMENTS Add the following section: "7-9.1 Wildlife Protection. The project site and adjacent areas contain sensitive habitat areas for protected wildlife. Attachment A includes a listing of the protected plants and wildlife that are present or have a moderate to high potential of being present on the site. Contractor shall comply with all permit requirements for wildlife protection per Section 7-5. As directed by the Engineer, the City's Biological Monitor will perform pre -construction surveys and periodic survey during the duration of construction to monitor for nesting birds and sensitive environmental resources. Construction activities and schedule may need to be modified to protect discovered sensitive environmental resources. The Biological Monitor will conduct an environmental training with Contractor staff for monitoring and protecting sensitive biological resources during construction. Contractor shall cooperate with the City's Biological Monitor throughout construction and provide adequate notification to the Engineer to allow sufficient time for required monitoring activities. At a minimum, Contractor shall comply with the following measures for wildlife protection: a) Trash and waste material must be properly disposed of in trash receptacles that prevent the access or trapping of native animals. These containers shall be available and used at all times. b) Trash shall be removed from the site daily. c) All equipment such as buckets, and open holes, trenches or items that may potentially trap sensitive animals must be covered by the end of each workday. (If this is not possible, one or more escape ramps constructed of earth fill or wooden planks will be established in the hole.) d) Thoroughly inspect all holes or trenches for animals before filling. If at any time wildlife (e.g., small mammals, reptiles) is discovered trapped in a trench or pit, halt work associated with the particular hole or trench and notify Engineer immediately. e) Storage of any pipes measuring four (4) inches or greater in diameter at the site will be avoided, or the ends of any such pipes will be sealed with tape as they are brought to the site. f) No cats or dogs or firearms (except for federal, state, or local law enforcement officers or security personnel) will be permitted onsite to avoid harassment, killing, or injuring of protected wildlife. g) Erosion control fabric with plastic netting may not be used. SP 14 OF 55 h) Lighting of the project site by artificial lighting during night time hours should be minimized to the maximum extent practicable. 7-10 PUBLIC CONVENIENCE AND SAFETY. 7-10.4 Safety. 7-10.4.1 Safety Orders. Add to this section: "Contractor shall be solely and completely responsible for conditions of the job -site, including safety of all persons and property during performance of the work, and Contractor shall fully comply with all State, Federal and other laws, rules, regulations, and orders relating to the safety of the public and workers. The right of Engineer or the City's Representative to conduct construction review or observation of Contractor's performance shall not include review or observation of the adequacy of Contractor's safety measures in, on, or near the construction site." 7-10.7 Notices to Residents and Businesses. Add to this section: "Ten working days prior to starting work, Contractor shall deliver a written construction notice to residents within 500 feet of the project, describing the project and indicating the limits of construction. Engineer will provide the notice to Contractor. Contractor shall insert the applicable dates and times at the time the notices are distributed. The written notices will be prepared by the City, but shall be completed and distributed by Contractor. Errors in distribution, false starts, acts of God, strikes or other alterations of the schedule will require Contractor re -notification using an explanatory letter furnished by the Engineer." 7-15 CONTRACTOR'S LICENSES. Add to this section: "At the time of the award and until completion of work, Contractor shall possess a Landscaping Contractor's "Class C-27" License. At the start of work and until completion of work, Contractor and all Subcontractors shall possess a Business License issued by the City of Newport Beach. Contractor shall have experience in performing all the components of this project. CONTRACTOR'S RECORDS/AS BUILT DRAWINGS. A stamped set of approved drawings and specifications shall be on the job site at all times. In addition, Contractor shall maintain "Record" drawings of all work as the job progresses. A separate set of drawings shall be maintained for this purpose. These drawings shall be up-to-date and reviewed by Engineer at the time each progress bill is submitted. As -Built drawings shall be submitted and approved by Engineer prior to final payment or release of any bonds. Contractor shall maintain books, records, and documents in accordance with generally accepted accounting principles and practices. These books, records, and documents shall be retained for at least three years after the date of completion of the project. During this time, the material shall be made available to the Engineer. Suitable facilities are to be provided for access, inspection, and copying of this material." SECTION 9 ---MEASUREMENT AND PAYMENT 9-3 PAYMENT. SP 15 OF 55 9-3.1 General. Revise paragraph two to read: "The unit and lump sum prices bid for each item of work shown on the proposal shall include full compensation for furnishing the labor, materials, tools, and equipment and doing all the work, including restoring all existing improvements, to complete the item of work in place and no other compensation will be allowed thereafter. Payment for incidental items of work not separately listed shall be included in the prices shown for the other related items of work. The following items of work pertain to the bid items included within the Proposal: Item No. 1 - Mobilization / Demobilization [Lump Sum]: Work under this item shall include, but not limited to, providing bonds, insurance, submittals, and financing; establishing a field office; temporary installation and maintenance of restroom facilities; installing construction signage; preparing the Operations Plan; preparing and updating construction schedules as requested by Engineer; preparing the construction and material delivery schedule; preparing the creek diversion plan; coordinating with other agencies and utilities; notifying businesses and residents; attending all coordination meetings; keeping photographic and video records of project site; demobilization; and all other related Work as required by the Contract Documents. Item No. 2 - Construction Survey [Lump Sum]: Work under this item shall include, but not limited to, providing survey services in accordance with Section 2-9. Item No. 3 — Water Control and Protection [Lump Sum]: Work under this item shall include, but not be limited to, furnishing all labor, materials, tools, equipment and incidentals; and providing submittals; dewatering and disposal of dewatering if needed, creek flow diversion and/or isolation, temporary creek crossing(s), and implementing measures for water quality protection throughout construction. Item No. 4 - Stormwater Pollution Prevention Plan (SWPPP) and Compliance [Lump Sum]: Work under this item shall include, but not limited to, preparing a site-specific SWPPP by a QSD within 2 weeks of the Notice to Proceed; providing submittals; and furnishing all labor, materials, tools, equipment and incidentals needed for implementing the SWPPP and installing all erosion control measures including but not limited to erosion control fabric with fastening pins, straw wattles, silt fencing, and other BMPs as shown on the Drawings, and/or required by the approved SWPPP; maintaining all erosion control measures throughout the duration of the project; performing inspections, sampling, and reporting during construction to meet requirements of the project's NPDES Construction General Permit; and all other work items required to complete this task. Item No. 5 - Clearing and Grubbing, Mulching and Haul -off [Acre]: Work under this item shall include, but not be limited to, furnishing all labor, materials, tools, equipment and incidentals; paying disposal costs; and providing submittals; for clearing and grubbing within earthwork limits and other floodplain areas designated as Clear and Grub areas. The work includes, but is not limited to, removing all trees, bushes, shrubs, stumps, and roots; segregating cut leaves, small stems (with leaves and seeds), and seeds for disposal off-site; segregating PSHB-infested materials for separate processing under Bid SP 16 OF 55 Item 8; chipping woody material (which will be used on-site as mulch) per Section 300- 1.3.1; and haul -off of non -chipped material for disposal. This Bid Item also includes minor demolition, removal and offsite disposal of fences and other minor debris within the clearing and grubbing limits. Item No. 6 — Tree Removal in Select Removal Areas [Each]: Work under this item shall include, but not be limited to, furnishing all labor, materials, tools, equipment and incidentals; and paying disposal costs; for, removing pepper trees, palm trees and other invasive trees identified by the Engineer, including root systems; segregating cut leaves, small stems (with leaves and seeds), and seeds for removal from off-site; chipping and stockpiling material for reuse as mulch, and haul -off of non -chipped material for off-site disposal. This Bid Item includes minimizing disturbance to adjacent native vegetation. Item No. 7 — Plant and Willow Removals or Pruning in Select Removal Areas [Cubic Yard]: Work under this item shall include, but not be limited to, furnishing all labor, materials, tools, equipment and incidentals; and paying disposal costs; for removing, within the "Select Removal" areas shown on Sheet 3 of the Drawings, non-native vegetation consisting of shrubs, herbs and vines noted in Appendix B, and PSHB-infested trees and/or limbs. The work includes, but not limited to, segregating cut leaves, small stems (with leaves and seeds), and seeds for removal from off-site; segregating PSHB infested material for processing under Bid Item 8; chipping and stockpiling woody material for mulch, and haul -off of non -chipped material for off-site disposal. This Bid Item includes minimizing disturbance to adjacent native vegetation. The Bid Item quantity is based on the chipped volume plus the volume of haul -off of non -chipped material. Item No. 8 — Processing PSHB-Infested Material [Cubic Yard]: Work under this item shall include, but not be limited to, furnishing all labor, materials, tools, equipment and incidentals; for processing and chipping PSHB infested material, covering and solarizing the chipped material onsite (up to 6 months). The Bid Item quantity is based on the chipped volume. Spreading of the solarized material is performed under Bid Item 18. Item No. 9 — Earthwork (On -Site Cut to Fill) [Lump Sum]: Work under this item shall include, but not be limited to, furnishing all labor, materials, tools, equipment and incidentals; and providing submittals, procurement, approvals, delivering, and storage; for excavating channel banks and floodplain bench; drying excavated wet material; excavation support if needed; processing excavated material including drying and/or segregating suitable topsoil for VSLs; hauling and placing and compacting excavated material in tree removal voids and/or soil fill areas; benching, backfill and compacting; grading floodplain areas to drain to the creek; and all other work items required to complete the work in place. Item No. 10 - Culvert Outfall Protection [Lump Sum]: Work under this item shall include, but not be limited to, furnishing all labor, materials, tools, equipment and incidentals; and providing submittals, procurement, approvals, delivering, and storage; for installing the culvert outfall protection, complete and in-place, including, but not limited to, preparing subgrade; grading; installing biodegradable filter fabric and loose rip rap to the lines and grades shown on Drawings; protecting existing culvert and grouted rock; and all other work items required to complete the work in place. SP 17 OF 55 Item No. 11 - Vegetated Soil Lifts (VSLs) [Lineal Foot of Each Lift]: Work under this item shall include, but not be limited to furnishing all labor, materials, tools, equipment and incidentals; and providing submittals, procurement, approvals, delivering, and storage; for installing VSLs, including, but not limited to, biodegradable filter fabric, native topsoil, wooden stakes, live cuttings and pole plantings, seeding; backfill and finish grading around constructed vegetated soil lifts; and all other work items required to complete the work in place. Item No. 12 - Soil Amendments [Acre]: Work under this item shall include, but not be limited to, furnishing all labor, materials, tools, equipment and incidentals; and providing submittals, procurement, approvals, delivering, and storage; for topsoil preparation including decompaction and ripping (Section 801-2.2.1) prior to adding amendments; broadcasting and incorporating into soil to a depth of 6 inches: humic acid with silicon, com post/vermicom post, chitin/chitosan, and mycorrhizal inoculum; finish grading in all planting areas to bring areas to final grade after performing all operations specified in the construction documents; and all other work items required to complete the work in place. Item No.1 3 — One Gallon Plants [Each]: Work under this item shall include, but not be limited to, furnishing all labor, materials, tools, equipment and incidentals; and providing submittals, procuring, approving, delivering, and storage; for picking up plant material obtained by Engineer at the Tree of Life Nursery; installing plant materials as specified in these construction documents including spotting; excavating plant pits; providing and installing backfill and plant supplements; forming water basin and top dressing with mulch; providing photographic submittals and all other work items required to complete the work in place. Item No. 14 — 4 -Inch Pots, D-40 and Liner Plants [Each]: Work under this item shall include, but not be limited to, furnishing all labor, materials, tools, equipment and incidentals; providing submittals, procurement, approvals, delivering, and storage; and picking up plant material, obtained by Engineer, at Tree of Life Nursery; installing plant materials as specified in these construction documents including spotting; excavating plant pits; providing and installing backfill and plant supplements; forming water basin and top dressing with mulch; providing photographic submittals and all other work items required to complete the work in place. Item No. 15 - Compost for Planting [Cubic Yard]: Work under this item shall include, but not be limited to, furnishing all labor, materials, tools, equipment and incidentals; and providing submittals, procurement, approvals, delivering, and storage; for installing and tilling in compost as specified for planting backfill; and all other work items required to complete the work in place. Item No. 16 - Live Cutting and Pole Plant Material [Each]: Work under this item shall include, but not be limited to, furnishing all labor, materials, tools, equipment and incidentals; and providing submittals, procurement, approvals, delivering, and storage; for obtaining and installing live cutting and pole plant material as specified in these construction documents including spotting, excavating plant pits, providing and installing backfill and plant supplements, forming water basin and top dressing with mulch; providing photographic submittals and all other work items required to complete the work SP 18 OF 55 in place. Live cuttings and pole plantings associated with VSL's shall be included in Bid Item 11. Item No. 17-_Hydroseed [Acre]: Work under this item shall include, but not be limited to, furnishing all labor, materials, tools, equipment and incidentals; and providing submittals, procurement, approvals, delivering, and storage; for picking -up seeds obtained by Engineer; installing and broadcasting the hydroseed including virgin wood cellulose fiber, seed, mycorrhizal inoculum, fulvic acid, liquid worm castings, compost, and tackifier, after performing all operations specified in these construction documents; providing protection for plant material prior to applying the two part hydroseed mixture as specified in these specifications; removing all protective material and any overspray immediately following application of the two-part seed application; and all other work items required to complete the work in place. Item No. 18 — Mulch Spreading [Cubic Yard]: Work under this item shall include, but not be limited to, furnishing all labor, materials, tools, equipment and incidentals for extracting wood chip mulch from the stockpiles, as approved by the Engineer; hauling, placing, and spreading mulch as specified and indicated in the construction documents for plantings and seed bed preparation; and all other work items required to complete the work in place. The Bid Item quantity is based on the chipped volume. Item No. 19 - Temporary Irrigation System [Lump Sum]: Work under this item shall include, but not be limited to, furnishing all labor, materials, tools, equipment and incidentals; reviewing the design and preparing a modified design submittal as needed per field conditions (see Section 801.5.1.4 for irrigation design requirements); and providing submittals, procurement, approvals, delivering, and storage; for and installing a complete and operable irrigation system for the planted areas, including connecting to and extending from the existing irrigation water distribution mainlines in Phase 1; layout; excavation; assembly; backfilling; testing and adjustment of system for all piping; installing piping, pipe staples, sleeving, ball valves, quick couplers, remote control valves, valve wiring with conduit, valve boxes, irrigation heads, risers, all wire from controller to remote control valves; burying main lines and smaller lines adjacent to trails or roadways; heat branding quick coupler; ball valve and remote control valve boxes; and all other work items required to complete the work in place. Item No. 20 - Irrigation Controller Expansion Module [Lump Sum]: Work under this item shall include, but not be limited to, furnishing all labor, materials, tools, equipment and incidentals; and providing submittals, procurement, approvals, delivering, and storage; for installing two 6 -station expansions module into the existing pedestal mounted Evolution DX2 irrigation controller; disposing of excess materials; and all other work items as required to complete the work in place. Item No. 21 - 120 -Day Plant Establishment & Maintenance Period [Lump Sum]: Work under this item shall include, but not be limited to, furnishing all labor, materials, tools, equipment and incidentals; and providing submittals, procurement, approvals, delivering, and storage; for performing the Work required for plant establishment and plant maintenance as specified in these construction documents. This Work shall not commence until Engineer determines all planting tasks have been completed. SP 19 OF 55 Item No. 22 - As -Built Drawings [Lump Sum]: Work under this item shall include, but not limited to, furnishing all labor, materials, tools, equipment and incidentals; for preparing as -built drawings in the same format as the approved drawings (i.e. Autocadd). These drawings must be kept up to date and submitted to Engineer for review prior to request for payment. Drawings shall reflect all deviations from Contract Drawings made during construction and show the exact dimensions, geometry, and location of all elements of the Work completed under the Contract. An amount of $3,500 is determined for this bid item. The intent of this pre-set amount is to emphasize to Contractor the importance of as -built drawings." PART 2 CONSTRUCTION MATERIALS SECTION 200 --- ROCK MATERIALS 200-1 ROCK PRODUCTS. 200-1.6 Stone for Riprap. Add to this section: "shall be 200 lbs. rock size and conform to the gradation specified in table 200-1.6.2. Stones Riprap for culvert scour protection shall be angular quarry stone. Stones shall be durable, free from cracks, seams, and other defects which would tend to increase deterioration from natural causes. Quantity of rock with an elongation greater than 3:1 shall not exceed 20% of the mass. No stone shall have an elongation greater than 4:1. Not more than 10% of the stone shall show splitting, crumbling, or spalling when subjected to 5 cycles of the sodium soundness test as required by ASTM C88." SECTION 213 — ENGINEERING GEOSYNTHETICS Add the following paragraphs: 213-6 VEGETATED SOIL LIFTS. The 2 -Layer Mat system for Vegetated Soil Lifts is composed of one (1) layer of woven fabric (outer) and one (1) layer of unwoven fabric (inner). Unwoven Fabric: constructed of 100% biodegradable materials with a 100% coconut fiber matrix and a functional longevity of approximately 24 months. The coconut fibers shall be evenly distributed over the entire area of the mat. The blanket shall be covered on the top and bottom with 100% biodegradable natural organic fiber netting woven into an approximate 1/2 -inch x 1 -inch mesh and sewn together with biodegradable thread on 1'/2 -inch centers. The fabric shall meet the following minimum physical properties: Property Test Method ASTM D5199/ECTC Typical 0.26 in Thickness Resiliency ECTC Guidelines 85% Mass per Unit Area ASTM D6475 8.83 oz/yd 2 Water Absorption ASTM 155% Swell ECTC Guidelines 40% Stiffness/ Flexibility ASTM 0.11 oz -in Light Penetration ECTC Guidelines 16.40% SP 20 OF 55 Smolder Resistance ECTC Guidelines Yes MD Tensile Strength ASTM D5035 342 lbs/ft MD Elongation ASTM D5035 7.60% TD Tensile Strength ASTM D5035 211 lbs/ft TD Elongation ASTM D5035 11.10% Manufacturer: North American Green C1 2513N, or equivalent. Woven Fabric: constructed of 100% biodegradable materials with a 100% coconut fiber matrix and a functional longevity of approximately 48 months. The material shall be evenly wheel spun and uniformly twisted from well -cleaned 100% biodegradable natural organic coir woven with approximately 60% open area. The fabric shall meet the following minimum physical properties: Property Weight per Unit Area Test Method Typical 11.80 oz/yd2 65% ASTM 3776-C -- Open Area Wide Width Tensile Strength, Dry (Ib/in) Wide Width Tensile Strength, Wet (Ib/in) Elongation at Failure, Dry (%) ASTM D4595 51 x 31, Warp x Fill ASTM D4595 38 x 24, Warp x Fill ASTM D4595 35 x 30, Warp x Fill Elongation at Failure, Wet (%) ASTM D4595 47 x 44, Warp x Fill Maximum Shear Stress (Ib/ft2) Water Flow Velocity -- 3.1 -- 8.0 Manufacturer: Belton Industries - Geocoir Dekowe 400, or equivalent. See Section 800-4.5.1 Live Cuttings and Pole Plantings for additional requirements. Soil Fill shall comply with Class "B" Topsoil per Section 800-1.1.3. 213.8 BIODEGRADABLE FILTER FABRIC. Filter fabric for culvert scour protection shall be tightly woven biodegradable filter fabric. Fabric shall be a woven geotextile fabric, produced from yarns spun from natural unbleached jute fiber, which meets the following specifications. Property Method Typical Values Units Machine Direction (MD) Cross Machine Direction (CD) Mass per Unit Area ASTM D-6475 oz/yd' Tensile Strength ASTM D-4595 100 120 lbs/in Elongation ASTM D-4595 5 5 % SP 21 OF 55 Belton Geojute Stabilizer, or equivalent. 218 EROSION CONTROL BEST MANAGEMENT PRACTICES (BMPs). The following is the minimum list of products for typical BMPs that the Contractor shall employ throughout the site for erosion and sediment control. The Contractor shall supplement this list as needed. Silt Fence: Woven filter fabric, UV resistant silt fence. Wooden or steel posts three (3) feet high minimum (does not include embedment). 2. Straw/coir Wattle: 100% Biodegradable 10 -inch minimum diameter straw or coir/straw wattle. North American Green SedimentSTOP, or approved equivalent. 3. Erosion Control Fabric: Unwoven Fabric per Section 213-6 Vegetated Soil Lifts. Manufacturer: North American Green C125BN, or equivalent. PART 3 CONSTRUCTION METHODS SECTION 300 ---EARTHWORK 300-1 CLEARING AND GRUBBING. 300-1.1 General. Replace the third and fourth paragraph with the following: "Clearing and grubbing will be performed by the Operation Plan approved by the Engineer. Each phased work area shall be stabilized and heavily protected from erosion prior to Engineer granting Contractor permission to clear and grub the next phase. Clearing and grubbing shall occur in at least five phases, in accordance with the Contractor's approved Operations Plan. Only 500 feet maximum of channel bank (measured along each side) can be disturbed at any time. Clearing consists of clearing the natural ground surface of all vegetable growth, such as trees, logs, upturned stumps, roots of downed trees, brush, grass, weeds, and all other objectionable materials to the ground surface. Grubbing consists of removing stumps, roots 1-1/2 inches in diameter or larger, buried logs, and all other objectionable material down to 3 feet below the ground surface. Clearing and grubbing operations shall also be sequenced to minimize dust generation and erosion at the site." 300-1.1.1 Tree Removal. This work also includes mechanical removal of non-native trees, including trunks and root balls. Remove root biomass at least three (3) feet below the current ground surface and within a three-foot radius centered under the main trunk. Contractor is permitted to cut larger tap and/or lateral roots to complete removal of the root ball. Tree removal methods may be modified as agreed upon by Engineer if tree removal could result in significant soil erosion (e.g., on steep slope sections) or impacts to SP 22 OF 55 desirable native vegetation. If the Engineer agrees that a root ball will remain in place, the Contractor shall grind trunk stump below grade, to a depth approved by Engineer, and then inject the tree stump with herbicide repeatedly until the tree is dead. 300-1.1.1 Clear and Grub Areas. Areas to be completely cleared and grubbed include (a) excavation areas along the creek channel, and (b) other floodplain areas dominated by pepper trees and other non -natives, as shown on Drawings. Completely clear and grub entire area as noted on Drawings. Contractor shall obtain approval from the Engineer before removing any tree stumps and/or roots within six feet (laterally) of the creek bank that a) may destabilize the channel bank, b) extend below the water surface elevation of the flowing creek, or c) are below the maximum allowed removal depth shown on Drawings. 300-1.1.2 Select Removal. For Select Removal areas, selectively clear and grub Brazilian pepper trees and other non-native vegetation (see Attachment B) in a manner that protects existing native plants. In addition, remove willow trunks and/or limbs that are infected with Polyphagous Shot Hole Borer (PSHB). PSHB is an invasive beetle that carries pathogenic fungi, and has been detected in the Project Area. Contractor shall work with Engineer to identify willows within Select Removal areas that have been infested. Infested trees will be flagged by Contractor and reviewed by Engineer. Contractor shall remove infested trees and/or limbs of infested trees as agreed upon with Engineer." 300-1.2 Preservation of Property. Add to this section: "Prior to commencing construction, Contractor shall install temporary orange construction fencing along the perimeter of the work limits. All native vegetation shall be preserved and protected outside of grading limits, clearing and grubbing limits and selective removal areas. Contractor shall mark out areas for protection and will verity those areas with Engineer prior to removals. Contractor may request permission from Engineer to prune native vegetation to establish an acceptable work clearance area." 300-1.3 Removal and Disposal of Materials. Replace this section with the following paragraphs: "Cleared and grubbed materials shall become Contractor's property. Removal and disposal of material shall be done by City -approved Licensed and Franchised Commercial Solid Waste Haulers. Hauling trucks shall be covered. A current list of approved haulers can be provided upon request or be found on the City's website at: http://newportbeachca.gov/home/showdocument?id=1986 Clearing and grubbing debris shall be segregated into materials that are and are not infested with PSHB, and handled as follows. SP 23 OF 55 300-1.3.1 Non-PSHB Debris. All cut leaves, small stems (with leaves and seeds), and seeds shall be removed from the site and disposed at a landfill. Contractor is responsible to rake up and gather this material for offsite disposal. Tree trunks and large limbs shall be chipped to between 1-1/2 to 3 inches in length, and not less than 3/8 -inch in width and 1/16 -inch in thickness. Chipped material may be reused onsite as mulch as described in 800-1.2.5 Mulch. Excess wood chips shall be disposed offsite by the Contractor. Chipped material shall not include any leaves, seeds or other green matter. If contaminated with such items, chipped material shall be rejected by Engineer and disposed of offsite at Contractor's expense. 300-1.3.2 PSHB-Infested Debris. All clearing and grubbing material that has been infected with PSHB requires special handling and disposal. During removal, keep infected debris separated into two categories: (1) trunks and branches, and (2) leaves, small stems and seeds. Trunks and branches shall be chipped immediately after cutting and/or pruning. Chips shall be less than 1 -inch diameter and length. Chips shall be placed on plastic sheeting. Place material as a windrow, on top of thick plastic, no higher than 36 inches high. Fully cover material with plastic, and secure with sandbags. Material will solarize for up to six months. Engineer will arrange for periodic inspection of the material. Once the material has been determined to be clean, it may be used onsite as mulch as approved by Engineer. Excess material shall be hauled off for disposal as normal green waste. Leaves, small stems and seeds will be completely removed from the site and properly disposed of within a landfill." 300-2 UNCLASSIFIED EXCAVATION. 300-2.1 General. Add to this section: "Following clearing and grubbing, the Contractor shall excavate channel banks and floodplain as shown on the Drawings and adjusted by the Engineer in the field. Earthwork shall comply with the following sequence of work: a) Prior to commencing earthwork, Contractor shall stake the excavation limits for review by Engineer. b) Adjust stakes as directed by the Engineer to meet the design intent based on site conditions following tree removal. c) Contractor shall provide calculations confirming earthwork quantities. d) Perform excavation in an orderly manner, with completion of contiguous areas as work progresses. e) Perform post -construction ground survey to demonstrate design compliance SP 24 OF 55 Contractor shall excavate to the finished top of bank profile neat lines indicated in the Drawings. A tolerance of plus or minus 3 inches vertical deviation of final grade from these neat lines will be allowed at all locations unless noted otherwise. The project may not be accepted as complete if finished grade is outside the limits of these tolerances." 300-2.2.2 Wet Material. Replace complete paragraph with: "Excavated material shall be placed onsite as described in Section 300-4 Unclassified Fill. Contractor shall dry or otherwise process wet material as needed to obtain suitable moisture content for placement." 300-4 UNCLASSIFIED FILL. 300-4.1 General. Add to this section: "Unclassified fill shall be native materials from excavations performed within the limits of the project and shall be approved by Engineer. Place excavated material onsite at the following locations, in the following order of priority: a) Soil fill for Vegetated Soil Lifts, provided material is deemed suitable topsoil. b) Backfilling of voids from tree removal. c) Placement as slope fill in excess soil disposal location along northern boundary of the site." 300-4.5 Placement. Add the following paragraph: "Voids from tree removal shall be filled with excavated material. During backfilling, Contractor shall generally grade the floodplain to gently slope to the creek." 300-4.7 Compaction. Add to this section: "Contractor shall place fill in horizontal, uniform layers not exceeding eight (8) inches in thickness before compaction, and shall be brought up uniformly. For excess fill placement, each lift shall be mechanically compacted to 90% relative compaction. For tree voids, each lift shall not exceed twelve (12) inches and shall be mechanically compacted to 85% relative compaction. Fill compaction by ponding and jetting is not permitted. The Engineer has the option to perform in-place density and moisture content testing on each lift of fill. The Contractor shall cooperate with this testing by leveling small test areas. The frequency and location of testing will be determined solely by the Engineer. As the Contractor nears completion of compaction of each lift, notify Engineer so that the Engineer is afforded the opportunity to test each lift." SP 25 OF 55 300-9 GEOTEXTILES FOR EROSION CONTROL. Add to this section: "Place erosion control fabric in accordance with the manufacturer's installation recommendations and the requirements this section. Notify the Engineer if there are conflicting requirements. Adhere to the more stringent requirements." 300-12 VEGETATED SOIL LIFTS (VSL). Vegetated Soil Lifts (VSLs) will be used as needed to reconstruct channel banks highly disturbed by tree removal activities. The exact location and quantity of VSLs will be determined by the Engineer in the field following clearing, grubbing and excavation. Once Engineer determines VSLs locations, Contractor is responsible for determining the total quantities of materials needed. Note that the unit cost if Lineal Foot per Each Lift. So, if at a certain reach there are three lifts, payment will be three times the bid unit cost per foot. The suggested sequence of installation of VSL is as follows. Contractor may propose an alternative work sequence for approval by the Engineer. 1. Grade uniform slope over the extents of VSL installation. 2. Start VSL construction at 1 -foot minimum above the channel invert (as shown on Drawings), working upwards. 3. Contractor shall consider using temporary forms to stabilize and facilitate construction of VSL. 4. Cut key into back of bank installation. Bottom (floor) of terraces should be battered at the slope shown on the Drawings. 5. Place three (3) live cuttings per linear foot with the basal (cut) end of the branch in contact with the back of the excavated slope. Live stems should protrude six to nine inches from the outside edge of the VSL. 6. Cover this branch layer with the outer fabric layer, and then the inner fabric layer. Fasten edge of both fabrics to back of excavation with row of stakes spaced 36 inches on center. 7. All fabric shall be rolled out parallel to the creek in a contiguous piece for the full length of the VSL. Where needed, adjacent rolls shall be overlapped a minimum of 12 inches. Overlapped seams shall be a minimum of two (2) feet from areas of exposed slope. Upstream fabric sections shall be overlapped on top of downstream fabric sections to produce smooth transitions. 8. Place a 12 -inch layer of fill on the double layer of fabric and compact to 85% relative compaction. 9. Hand broadcast seed mix at specified application rate across top and face of soil lift. 10. Wrap the overhanging portion of the two (2) fabrics tightly over the compacted soil fill. 11. Fasten the fabrics to the back of the next cut bench using wooden stakes, spaced 36 inches on center. SP 26 OF 55 12. Continue this process of alternating live stems, double fabric layers, soil fill and seeding (Steps 4 through 11) until the bank has been constructed to the design grade. 13. Drive live poles through installed lifts of VSL, and embed 6 inches minimum into subgrade. Live poles shall be 10 -foot on center (O.C.), triangular spacing. 14. Tie upstream and downstream limits of VSL into adjacent creek features (existing bank, trees, etc.). Transition bank and VSL to establish smooth contiguous bank condition and limit potential for river flows to move under and/or around the VSL. 15. Immediately upon installing VSL, irrigate live cuttings, and live poles. Irrigate twice a week minimum until seasonal rains come and/or the contract is completed. PART 8 LANDSCAPING AND IRRIGATION SECTION 800 --- LANDSCAPING AND IRRIGATION MATERIALS 800-1 LANDSCAPING MATERIALS. 800-1.1 Topsoil. 800-1.1.1 General. Add the following: "Unless otherwise specified on the Contract Documents or required by Engineer, topsoil shall be Class "B" in accordance with the requirements of 800-1.1.3." 800-1.1.3 Class "B" Topsoil. Add the following: "Class "B" Topsoil shall be the native topsoil occurring on site. Topsoil used for Vegetated Soil Lift fill shall be native material onsite of friable sandy loam character, and be free of roots, clods and stones larger than inch (25 mm) in greatest dimension, pockets of coarse sand, noxious weeds, sticks, brush, and other litter. The top 2 inches of native soil shall not be used as topsoil to reduce contamination by invasive species plants and seeds. Salvaged topsoil shall be stockpiled, amended and mixed in accordance with the requirements of 800-1.2.4 prior to placement in the VSLs." 800-1.2.4 Organic Soil Amendment. Replace entire section with the following: "Humic Acid with Silicon Amendment. Humic acid shall be applied and incorporated into all revegetation areas. The humic acid with silicon product shall be derived from mined Leonardite, and processed utilizing either cold extraction or potassium hydroxide. Sodium hydroxide extracted humic acid or coal, peat based or synthetic humic acid are not acceptable. Non -plant food ingredients shall include a minimum 50% humic acid and 10% silicic acid. BioAg's Humisolve-ION14TM or equivalent shall be utilized. BioAg's Humisolve-ION14 can be ordered direct from manufacturer (503) 838-2467, bioag.com. Chitin/Chitosan Application. Neptune Harvest's brand `Crab Shell 2-3-0' or equivalent shall be used. An alternative brand proposed for consideration by the Engineer must be approved for use in organic food production (OMRI listed or other certifying agency). A bulk order crab shell product can be purchased from: Neptune's Harvest (800) 259-4769, http://www.neptunesharvest.com SP 27 OF 55 Corn post/Vermicompost Blend. Com post/vermicompost blend shall: 1. Be derived from green material consisting of chipped, shredded or ground vegetation or clean processed recycled wood products, or Class A exceptional quality biosolids compost, or a combination of the two, as required by U.S. EPA, 40 CFR, part 503c regulations. 2. Be processed to reduce non-native plant seeds and deleterious material; and shall not contain paint, petroleum products, herbicides, fungicides or other chemical residues that would be harmful to plants or animals. 3. Not contain other deleterious materials such as plastic, glass, metal, or rocks, defined as not more than 0.1 percent by weight or volume. 4. Have a minimum maturity level of 7.0 as measured on a Slovita test kit. Compost shall be screened through a minimum of 1/4 -inch screen. 5. Have moisture content of 35 percent or less as determined by California Test 226. (Compost products with a higher moisture content may be acceptable, provided the weight of the compost is increased to equal compost with maximum moisture content of 35 percent.) 6. Have a bacterial biomass of 300 micrograms/gram and a minimum fungal biomass of 450 micrograms/gram, with a minimum Fungal to Bacterial biomass ratio of 1.5:1, as determined by microbial assessment. An 80/20 com post/vermicom post blend ("Garden Blend Plus") can be procured from Earthworm Soil Factory in Chico, CA. (530) 895-9676. Vermicompost can also be procured from VeriseTM 17127 Highway 243 Banning, CA 92220, 951-692-1691. Order in advance of application to ensure availability (two to 3 months advance order recommended). Mixing of the compost and vermicompost shall thoroughly blended onsite, if procured from different contractors. The Contractor must coordinate with the Engineer as to when the com post/verm icom post blend should be delivered onsite. Com post/vermicom post mix shall not be stored more than 5 days onsite. Onsite storage shall be in piles no greater than 4 feet in height and shall be kept moist (35% moisture), but not be saturated. Compost moisture levels shall be monitored daily while stored onsite and moisture levels of outside and center of pile reported to Engineer for approval. Mycorrhizal Inoculum. Mycorrhizal inoculum shall consist of spores, mycelium, and mycorrhizal root fragments in a solid carrier suitable for handling by hydroseeding or dry - seeding equipment, and have a minimum of 19 ecto- and endo-mychorrizal species, 2 disease suppression organisms along with soluble kelp, humic acids and vitamin B1. FungiPerfecti's MycoGrow Endo -Eco Soluble Mix, or approved equivalent. Mycorrhizae shall not be stored in temperatures greater than 90°F and no less than 32°F or in direct sun. Mycorrhizae that have become wet, moldy, or otherwise damaged by extreme temperatures shall be rejected. SP 28 OF 55 Inoculant shall be ordered at least one month in advance of application to ensure availability. Contractor shall coordinate with the Engineer as to when the inoculum should be ordered and delivered. This inoculum shall be less than 2 years old. 800-1.2.5 Mulch. Replace entire section with the following: "Unless otherwise specified, mulch shall consist of wood chips, tree bark, or shredded bark, or any combination thereof, at Contractor's option. Mulch shall be free of deleterious materials, including but not limited to, salt and foreign materials such as clods, coarse objects, sticks, rocks, weeds, or weed seeds. Mulch produced from tree trimmings that contain leaves or small twigs will not be accepted. Mulch materials produced from pine tree or eucalyptus trees shall not be used. Wood chips shall be manufactured from clean wood. The particle size of the chips shall be between one and one-half inch (1-1/2") and three inches (3") in length, and not less than 3/8 -inch in width and 1/16 -inch in thickness. Mulch may be derived from exotic trees removed on site as approved by Engineer and in conformance with 300-1 Clearing and Grubbing." 800-1.3 Seed. Add the following: "Contractor shall obtain seed from Engineer for pickup, delivery, installation and maintenance by Contractor." Add the following subsection: "800-1.3.1 Hydroseed Materials. Fiber. Fiber shall be produced from virgin wood cellulose, and shall be free of synthetic or plastic materials. Hydraulic Wood Fiber Mulch used to cover hydroseeded areas and ensure proper erosion protection shall be produced from annually renewable and certified weed -free wood - based mulch. No straw -based product shall be used. Mulch shall be free from plastic material, growth inhibiting additives, or other non -biodegradable substances. Fiber mulch shall be of such character that the fiber will disperse into a uniform slurry when mixed with water. Revegetation Contractor shall use Conwed Fibers Hydro Mulch 1000 with Triflo wood fiber mulch, available from S&S Seeds, or approved equivalent. Seed. Seed shall conform to the provisions of Materials in these Specifications. Individual seed species may be measured and premixed prior to delivery by the seed supplier or in the presence of Engineer. The seed specified on the Contract will be obtained by Engineer. It is the Contractor's responsibility to arrange for delivery of the seed from supplier. SP 29 OF 55 Replacement seed must be purchased from the same seed supplier and must originate from the same collection sources as the original material. If additional seed is required, then arrangements shall be made with the seed company and Engineer to secure the material in a timely manner. Seed shall be labeled and furnished in sealed standard containers. Seed shall be maintained by Contractor in same condition as received from Engineer until seeding has been completed. Seed that has become wet, moldy, or otherwise damaged will not be accepted. Seed in broken or damaged containers will be rejected. M yco rrh iza I Inoculum. Mycorrhizal inoculum shall comply with 800-1.2.4 Organic Soil Amendment. Inoculum is sold as loose granules or as liquid. In no case shall inoculum be applied after the seed. Inoculum must be applied within one hour of addition to the mixing tank. Compost for Hydroseeding. The 80/20 com post/verm icom post blend used in hydroseeding shall comply with Section 800-1.2.4, Organic Soil Amendment. Methods and application rates for use shall comply with Section 801. Liquid Worm Castings (Compost Tea). Liquid worm castings (Compost tea) shall be utilized as part of the hydroseed slurry. Liquid worm castings shall be a liquefied worm casting concentrate in shelf stable form. "Worm Juice Plus" from Earthworm Soil Factory in Chico, CA, or equivalent shall be used. Fulvic Acid. Fulvic acid product shall be utilized as part of the hydroseed slurry. Fulvic acid shall be derived from mined Leonardite, and processed utilizing either cold extraction or potassium hydroxide. Coal, peat based or synthetic fulvic acid is not acceptable. BioAg's Ful -Power or equivalent shall be utilized. Fulvic acid shall be golden in color, not black. Oraanic Soil Stabilizer/Tackifier. Tackifier shall be a concentrated, biodegradable, and an organic derivative of plantago seed, known as a psyllium, or other organic material. Tackifier shall be non-toxic to plant and animal life, non -corrosive and non -crystalline, and be non -staining to concrete or painted surfaces. Tackifier shall conform to Section 21-1.02F of the State of California Department of Transportation Standard Specifications. "Ecology Control M -Binder Tackifier", available commercially by S&S Seeds, or approved equivalent. SP 30 OF 55 800-1.4 Plants. 800-1.4.1 General. Add the following: "Plant material, except for live cuttings and poles, shall be obtained from Engineer. Contractor shall arrange for pickup and delivery to site, and be installed and maintained by Contractor. All plants furnished to the Contractor shall be true to type and name as shown on the Drawings, and shall be tagged in accordance with the standard practice recommended by the Agricultural Code of the State of California. However, final determination of plant species or variety shall be made by Engineer. If additional material is required, then arrangements shall be made with the nursery and the Engineer to secure the material in a timely manner. Contractor should be aware that there could be an extended time to secure custom -collected propagules and seed. Plants shall be of the variety and size specified on the Contract and shall conform to the requirements of these Specifications. Any substitutions shall be approved in writing by Engineer. Plants shall be healthy, vigorous, free from plant disease, insect pests or their eggs, excessive abrasions or other objectionable disfigurements, and shall have healthy, normal root systems, well -filling their containers, but not to the point of being root -bound. Tree trunks shall be sturdy and well hardened off. Plants shall not be pruned or topped prior to delivery. Each plant shall be handled and packed in the approved manner for that species or variety, and all necessary precautions shall be taken to ensure that the plants will arrive at the site of the work in proper condition for successful growth. Trucks used for transporting plants shall be equipped with covers to protect plants from windburn. Plants shall be individually tagged or tagged in groups by species or variety. All plants shall comply with Federal and State laws requiring inspection for plant diseases and infestations. Inspection certificates required by law shall accompany each shipment of plants, and certificates shall be delivered to Engineer. If Engineer is unable to obtain the specified species at the time of seeding or planting, substitute species will be considered at the discretion of Engineer, who will determine if species substitutions are biologically appropriate. 800-1.4.6 Live Cuttings and Poles. Add the following: Prior to plant procurement and delivery to the site, Contractor shall provide the location for plant harvesting for approval and verify that all plants are free of disease and infestation, including the Polyphagous Shot Hole Borer (PSHB). SP 31 OF 55 Live cuttings and poles shall be acquired from healthy plants within the project vicinity or similar sites within 5 miles. Collection of cuttings shall be conducted such that donor stands will not be substantially affected, minimizing the impact to individual donor plants and the plant community. Cuttings shall be obtained when plants are dormant (leafless, with winter buds) with a diameter of 1 inch or larger. To the extent possible, choose straight branches for ease of planting. Make clean cuts so there are no split ends or torn bark. After the cutting is removed from the tree, cut off the side branches as close to the stem as possible. All harvested material shall be soaked onsite with the cut end of the material submerged at least 1/3 of stem length. Species Vegetated Soil Lifts Baccharis salicifolia / mule fat Length Diameter Spacing 3 per lineal foot 5' Min. 1/2 to 1-1/2 inch Baccharis salicina / willow baccharis Salix exigua / sandbar willow Riparian Corridor Habitat 4' to 5' Min. '/2 -inch Min. Per Plans Baccharis salicifolia / mule fat 6' o. c. Salix lasiolepis / arroyo willow Salix gooddingii / black willow 8' o. c. 12' o.c. Live Cuttings placed between and through VSLs shall be a mix of species. Cuttings placed horizontally between lifts shall be 5 feet long minimum, and shall be sufficient to span the depth of the lift, be embedded six (6) inches into the soil subgrade and protrude beyond the constructed bank line a minimum of six (6) inches. Willow poles driven through VSLs shall be sufficiently long to be driven vertically through each lift, be embedded six (6) inches into the soil subgrade and protrude six (6) inches from the upper lift. Cutting and poles shall be 1/2 to 1'/2 -inch diameter. Add the following section: "800-1.6 Herbicides and Pesticides. Herbicide application is prohibited within the project site unless approved by Engineer. Herbicide may be used in a limited capacity for stem injection of exotic trees that cannot be completely removed as described in Section 300-1. If herbicide use is approved, the Contractor shall comply with all rules and regulations of the California Department of Pesticide Regulation and the Department of Health, the Department of Industrial Relations, and all other agencies that govern the use of pesticides required in the performance of the Work on the Contract. Herbicides use shall be minimized and used only when hand pulling is not possible. SP 32 OF 55 Any substance or mixture of substances intended for preventing, repelling, mitigating, or destroying weeds, insects, diseases, or nematodes and any substance or mixture of substances intended for use as a plant regulator, defoliant or desiccant shall be considered a pesticide or herbicide. Contractor shall obtain recommendations for the use of all herbicides from a licensed Pest Control Adviser in accordance with the requirements of the California Food and Agricultural Code, and these Specifications. Herbicide recommendations shall include, but not limited to, the herbicide to be used, rates of application, methods of application, and areas to which herbicides are to be applied. At no time shall pre -emergent herbicides be used. Herbicides shall be mixed in accordance with the instructions provided on the applicable registered label. Prior to mixing any herbicide, a copy of the registered label for the herbicide to be mixed shall be given to Engineer, or when such copy is unavailable, Engineer shall be permitted to read the label on the container. Herbicides for weed control shall be applied with a photosensitive dye that will produce a contrasting color when sprayed upon the ground. The color shall disappear between 2 and 3 days after being applied. The dye shall not stain any surfaces nor injure plant or animal life when applied at the manufacturer's recommended application rate. Where control of non-native vegetation is required and the use of herbicides is necessary, and there is a possibility that the herbicides could come into contact with water, Contractor's Pest Control Advisor shall recommend only those herbicides, such as Roundup Pro, Aquamaster or Rodeo (Glyphosate), which are approved for aquatic use. If surfactants are required, they shall be restricted to non-ionic chemicals, such as AgriDex, which are approved for aquatic use. Vegetation killed by herbicide shall be removed and disposed of legally off-site within 2 days." 800-2 IRRIGATION MATERIALS. Replace this section with the following: "Irrigation Materials shall be the type and size shown on Drawings. Materials that are not shown on Drawings shall comply with the Green Book and be sized appropriately per manufacturer's recommendation. 800-2.2 Valves and Valve Boxes. 800-2.2.1 General. Valves shall be the type and size shown on Drawings. Rubber diaphragms shall be EPDM or as approved by Engineer." 800-2.2 Pipe and Fittings. Add the following to the section: SP 33 OF 55 "800-2.2.7 Manual Drain Valve. Manual drain valves shall be3/4-inch size bronze angle valve with rising stem and cross -type handle. Shall be Hammond, Buckner, or approved equal." 800-2.2.8 Valve Boxes. Delete the section and replace with the following: "Valve boxes shall be plastic composite with locking lid, size and shape to provide clearances from valve as indicated." Valve boxes shall be heat branded with 2 -inch letters denoting the type of valve housed within, per the following: Heat Brand Valve Type MV Master Valve RCV, # Remote Control Valve, Valve Number FS Flow Sensor BV Ball Valve QC Quick Coupler 800-3 ELECTRICAL MATERIALS. 800-3.3 Controller Unit. Add to this section: "The irrigation controller expansion module shall be the type, size, and location shown on the drawings. Contractor shall provide a manufacturer's cut sheet regarding the irrigation controller expansion module installation and programming for the Engineer's review and approval." SECTION 801 - INSTALLATION 801-1 GENERAL. Add the following: "All main lines shall be buried. Smaller lines that are near trails or roadways shall be buried. All combustible materials, trash, debris, and other waste materials from any construction operations shall be legally disposed of outside the Project Site. Contractor shall protect all existing structures or facilities that are adjacent to or fall within the limits of the Work to be done under this Contract. Any structure or facility to be protected, which is damaged as a result of Contractor's construction operation shall be replaced by Contractor at his/her cost, to the satisfaction of the Engineer. Contractor shall notify Engineer when the site is prepared for planting and seeding and receive written authorization to commence planting or seeding. Contractor shall provide the Engineer at least 72 -hour notice before a site review." SP 34 OF 55 801-2 EARTHWORK AND TOPSOIL PLACEMENT. 801-2.2 Topsoil Preparation and Conditioning. 801-2.2.1 General. Delete paragraph 1 and replace with the following: "Planting areas shall be free of weeds, rocks and other extraneous materials to a depth of 12 inches below finish grade before soil amendment. Following grading and/or clearing and grubbing activities, soils shall be de -compacted to a minimum of 18 inches in all planting areas. De -compaction shall occur prior to planting and seeding." 801-2.2.2 Fertilizing and Conditioning Procedures. Replace entire section with the following paragraphs. "Prior to soil amendment, seeding and planting, rip over -compacted soils as directed by engineer. Track walk transitional slopes up/down slope for erosion control. Soil amendments shall be applied and incorporated to all planting areas, prior to seeding and planting as follows. Chitin and Chitosan (C&C), humic acid with silicon amendment and Mycorrhizal inoculum shall be directly applied to the soil concurrently and mixed (through raking or equivalent) into the top 6 inches of soil. Application rates are: 1. Chitin and Chitosan - 250 pounds per acre. 2. Humic acid with silicon - 50 pounds per acre 3. Mycorrhizal inoculum — 60 pounds per acre Following mixing of soil amendments listed above, spread 80/20 compost/vermicompost blend as a surface layer per the compost application rates for the given plant community, on top of the humic acid with silicon and C&C amendment application, then. Compost application rates shall be as follows: 1. Riparian areas - 35 cubic yards per acre 2. Wet and High Alkali Marsh - 35 cubic yards per acre 3. Upland transition revegetation areas - 10 cubic yards per acre. Thoroughly mix 80/20 compost/vermicompost blend into the top 6 inches of the surface layer prior to seeding." 801-2.3 Finish Grading. Replace the first two paragraphs with the following: "Voids from tree removal shall be backfilled per 300-4 Unclassified Fill. The surface finish grades in planting areas shall be graded to a relatively uniform surface. Shallow pockets or small mounds less than 4 -inches in height are acceptable." SP 35 OF 55 801-4 PLANTING. 801-4.1 General. Add the following: "All plants of the same species and container size (i.e., the same specification) shall be uniform in size and shape and at the same stage of growth to the satisfaction of Engineer. Contractor shall be responsible for managing the site and performing planting, maintenance and corrective measures to the best advantage of the plant material to promote healthy growth, establishment, and success of the plantings. This shall include providing drainage, irrigation, maintaining a proper soil moisture level, weeding, fertilization, protection, temporary measures to promote establishment, and other reasonable maintenance and construction efforts needed to provide for the successful establishment of the plant materials during the Contract period. All plants accepted for planting shall be full-sized for the specified containers and shall have root systems at a fully developed state within the container. Hair roots should extend to the edge of the container. No plant shall be root -bound. Root balls may require scarification to the satisfaction of Engineer. No boxed, balled or canned plants shall be planted if the ball is broken or cracked, whether before or during the process of planting. Any plant transplanted by Contractor that dies or has bark, branch or die -back injury shall be replaced at Contractor's expense with an equal plant to the satisfaction of Engineer. Contractor shall not install planting as shown on the drawings when it is obvious in the field that conditions exist which are detrimental to plant survival and growth. Such conditions shall be brought to the attention of Engineer. No plants shall be transported to the planting areas that are not thoroughly wet throughout the ball of earth surrounding the roots. Plants should not be allowed to dry out, nor shall any roots be exposed to the air except during the act of placement. Any plant that, in the opinion of Engineer, is dry or in a wilted condition when delivered or thereafter, whether in place or not, will not be accepted and shall be replaced at Contractor's expense. No planting shall be done in any area until the area concerned has been prepared in accordance with these Specifications and presents a neat and uniform appearance satisfactory to Engineer. Contractor will submit product data and photos of materials to be utilized for review and approval by Engineer. All inspections herein specified will be made by Engineer. Contractor shall request inspection at least 48 hours in advance of the time inspection is required. Inspection shall be required on the following stages of the planting work: SP 36 OF 55 a) During preliminary grading and initial removal of existing plants. b) When plants are placed for installation, but before planting holes have been excavated. c) When all specified work has been completed (prior to the Plant Establishment & Maintenance Period) d) Final inspection at the completion of the Plant Establishment & Maintenance Period. Contractor's failure to obtain inspection will extend the start and/or finish of the Maintenance and Plant Establishment Period as applicable, unless otherwise agreed to in writing by Engineer." 801-4.5 Tree and Shrub Planting. Delete entire section and replace with the following: "The lay -out of container plants will consist of groups of plants distributed in natural groupings. Spacing of slope plants within the groups will follow the specifications presented in the prepared landscape plan for containerized plants. Planting sites will be marked on the site by the Contractor using different colored pin flags under the supervision of the Engineer. Groups of container plants will be spaced in natural looking mosaics. Trees and shrubs to be planted in areas to be hydroseeded shall be planted prior to hydroseed application, unless approved otherwise. All container plants shall be planted to the following specifications: • Planting holes shall be at a minimum twice the depth and width of the containerized plant, or a minimum of twice the width containerized plants. • Prior to planting, the planting hole shall be filled 1/3 with com post/verm icom post blend and filled with compost tea, and allowed to drain. • Approximately 1 teaspoon of mycorrhizal inoculum shall be placed at bottom of each planting hole, prior to plant placement • Plants shall be set in the planting hole so that the crown of the root ball is approximately 1-2 inches above finish grade. Under no circumstance should the plant crown be buried. • Planting holes shall be backfilled with a planting mix of 1/3 specified com post/verm icom post blend and 2/3 native soil. • A watering basin shall be provided around each plant from 36 inches in diameter. • Watering basins shall be filled with compost tea after planting. • Plant basins shall be mulched with approximately 2 - 4 inches of approved wood mulch or compost after planting. Planting done in soil that is too wet, too dry, not properly conditioned or in a condition not generally accepted as satisfactory for planting as provided in these Specifications, will not be accepted. SP 37 OF 55 Container stock shall be thoroughly watered the day before planting. No more plants shall be distributed in a planting area than can be planted and watered -in on that day. Trees and shrubs to be planted in areas to be seeded shall be planted before seed is applied. Planting holes may be excavated by hand digging or by drilling. Water shall not be used for the excavation of planting holes. Contractor shall avoid creating smooth, vertical walls in the planting hole, and scarify the side of planting holes with shovel or digger bar if an auger is used. With the palm of the hand covering the open end, upend the plant container. Carefully tap the container so the plant rests upside down on the hand leaving the root ball intact. Plants shall be removed from their containers in such a manner that the ball of earth surrounding the roots is not broken. Plants shall be planted and watered as hereinafter specified immediately after removal from their containers. Plant containers shall not be cut prior to delivery of the plants to the planting area. Examine the plant for a healthy root system. If there are signs of girdling, scarify the root ball. Before placing the container plant on the backfill, work the soil around the roots so that they are not compressed into a tight mass, but are spread and supported by the soil beneath them. Set root ball atop backfill so the root crown is slightly above finished grade. Fill remaining portion of planting hole with backfill. Be sure the crown is still slightly above grade. If the backfill material settles below the top of the root ball after planting and watering, additional soil shall be added to bring the backfill even with the top of the root ball as shown on Drawings. Construct hand -compacted earth berm watering basin, per details on Drawings approximately 3 -foot wide. Apply two inches (2") of mulch as top dressing within the entire watering basin. Mulch shall be of the size and type as specified in these Specifications. Mulch must not be placed directly against the main stem of the plant." Add the following subsection: "801-4.5.1 Live Cutting and Pole Planting. Live cuttings and poles to be planted in areas to be hydroseeded shall be planted prior to hydroseed application. Live stake cuttings are to be planted as follows: • The basal end shall be cut at a 45 -degree angle to identify the end to be planted, and immediately immersed in water treated with 1 drop of liquid humic acid per gallon for storage as necessary for transport, and for a minimum of 24 hours (ideally 7 to 10 days) to encourage root growth. SP 38 OF 55 • Cuttings shall be planted in holes 50% deeper than the length of the cutting and 1.5 feet wide, backfilled with a planting mix of 1/3 specified compost/vermicompost blend and 2/3 native soil. • Approximately 1/2 teaspoon of mycorrhizal inoculum shall be placed at bottom of planting hole, such that the cuttings shall come in contact with the inoculum. Alternatively, cuttings can be wetted and dipped into the powdered inoculum prior to placement in planting holes. • Planting holes shall then be filled with compost tea and backfilled to proper compaction. • A watering basin shall be built by placing a 4 -inch berm around each installed plant within one (1) foot of the cuttings. • Specified wood mulch shall be placed around cuttings to minimize water loss and discourage weed growth. Mulch shall be pre -wetted and 2 to 4 inches deep, not placed directly against the main stem of the plants, and maintained during the restoration and mitigation efforts. • Each cutting shall be irrigated immediately following installation to saturate surrounding soil. Each plant shall be inspected after watering to correct any soil settling during and after planting. If the upper end is damaged while driving it in with a wooden mallet, cut off the damaged portion with scissor -type loppers (anvil -types tend to crush one side of the stem) leaving 15 percent to 20 percent of the cutting length above ground. This placement minimizes water loss and helps prevent damage to roots. Two to four viable buds shall be exposed above grade." 801-4.8 Seed Planting. Delete entire section and replace with the following: "801-4.8.1 General. The success of the overall habitat restoration and mitigation areas hinges on proper implementation of this plan, including completion of Contractor responsibilities, proper site preparation, soil amendments, timing of seeding, site protection, general seeding specifications, substitutions, sources, and guarantees. Contractor may subcontract with a licensed hydroseed installer (hereinafter referred to as the Subcontractor) for hydroseed operations and a specialist for preparing the compost tea. The Contractor shall ensure that the Subcontractor will apply seeds, compost, mycorrhizal inoculum, and stabilizing compound conforming to these Specifications. Planting areas will be hydroseeded after soil amendment has been completed, irrigation systems have been installed and are operational, temporary erosion control is installed (as necessary) and the container stock as specified in the Drawings and Specifications is installed. Hydroseeding will not proceed until directed in writing by the Engineer after hydroseed site preparation work has been completed. SP 39 OF 55 Seed and other additives shall be uniformly applied to those planting areas as specified in Drawings and Specifications. All weeds will be hand cleared by the Contractor prior to hydroseeding. The ground will be thoroughly wetted to a minimum of 4" depth prior to hydroseeding. The Contractor will coordinate installation of the container plant stock with the Subcontractor to ensure that no damage will occur during hydroseeding of the site." 801-4.8.2 Seeding and Hydromulching Application. Hydroseeding of the specified native seed mixes will be applied to all revegetation areas. Seeds shall be supplied on the basis of bulk weight, percent purity, and percent germination from a qualified Southern California native seed supplier. The native seed mix, together with the liquid fulvic acid, compost tea, mycorrhizal inoculum, compost and wood fiber shall be applied by hydroseed using a two-step technique as follows: Materials shall be applied in two (2) separate applications. The first application as specified in the table below consists of the following mixture in the proportions indicated, shall be applied with hydroseeding equipment within 60 minutes after the seed and mycorrhizae have been added to the mixture: First Application Material Quantity per acreage Com post//Ve rm icom post Blend 2,000 lbs/acre Liquid Fulvic Acid 2 gallons Liquid Worm Casting (Compost Tea) 5 gallons Specified Seed Mix As specified on the Drawings Mycorrhizal Inoculum 10 lbs/acre or per manufacturers recommendation (unless hand seeded in Fulvic acid shall be applied to the water in the tank and mixed well prior to the addition of all other ingredients. Once the seed, liquid worm casting (compost tea), mycorrhizal inoculum and compost are added to the mixing tank, application must be made within 1 hour. If the temperature will exceed 90 degrees Fahrenheit (32 degrees Celsius), Step Two must be applied within 3 hours of the first step. The second application consists of the following mixture in the proportions indicated which shall be applied with hydroseeding equipment: Second Application Material Quantity per acreage SP 40 OF 55 Cellulose Wood Fiber 2,000 lbs Organic Soil Stabilizer/ Tackifier 160 lbs The ratio of total water to total stabilizing emulsion in the mixture shall be as recommended by the manufacturer of the emulsion. Any mixture containing stabilizing emulsion shall not be applied during rainy weather or when soil temperatures are below 40 -degree F. Pedestrians or equipment shall not be permitted to enter areas where mixtures containing stabilizing emulsion have been applied. 801-4.9.5 Watering. All plants and seeds shall be hand watered immediately after planting. Water shall be applied until the backfill soil around and below the roots or ball of earth around the roots of each plant is thoroughly saturated. Where water is applied with a hose, a water disbursement device or pressure -reducing device approved by Engineer shall be used. Under no circumstances shall the full force of the water from the open end of a hose be allowed to fall within the basin around any plant. Water shall be applied to plants as often and in sufficient amounts as conditions may require keeping the plants in a healthy, growing condition during the life of the Contract. When watering commences, it should be a deep watering and occur just enough to keep the plants alive. This holds especially true during the summer months when native plants are in their dormant phase. Contractor is responsible for scheduling, monitoring and adjusting the irrigation watering schedule as necessary during the 120 -Day Plant Establishment & Maintenance Period. 801-5 IRRIGATION SYSTEM INSTALLATION. 801-5.1 General. Add the following: "The intent of the irrigation system is to provide the minimum amount of water required to sustain good plant health. The irrigation system shall be operational, with uniform and adequate coverage of the areas to be irrigated, prior to planting. Based on field conditions, Contractor shall revise the irrigation design drawings as needed and submit the revised drawings to the Engineer for review and approval Service connections shall be as shown on Drawings, or designated by the serving utility and will be installed by others at no cost to Contractor. Contractor shall notify the Engineer at least 3 weeks prior to the time electrical and water services are required. The Contractor shall be responsible for furnishing the labor and materials to connect to the service connection. Mainlines and valves shall be installed underground. Except for lines adjacent to trails and roadways, lateral lines and distribution lines shall be installed and secured on ground surface. All exposed pipes shall be UV resistant. Lines adjacent to trails or roadways shall be buried 10 to 12 inches below ground surface as measured from the top of pipe. Mains SP 41 OF 55 shall be buried 24 -inches below grade as detailed on drawings. System shall be gravity drained. Contractor shall provide appropriate manual drains at all low points. The irrigation system shall remain in place following the Plant Establishment & Maintenance Period. 801-5.1.1 Project Conditions. Contractor shall inspect the site prior to construction and verify the extent of the work required. Commencement of construction by Contractor designates acceptance of the site conditions apparent at outset. Contractor shall obtain approval to access system components for inspection prior to commencement of construction. Contractor shall protect all areas of work defined on the drawings and any existing on-site vegetation, structures, utilities, etc. All damage as a result of work under this contract shall be repaired at no cost to City. Contractor shall be responsible for the provision of traffic control, barricades, safety guards, and any other structures or improvements necessary for the complete protection of the public. Contractor shall verify non -potable water sources and install labeled components as required by state and federal laws. Contractor shall, at all times, take adequate precautions to keep rock, dirt, gravel, debris, and all other foreign materials from entering piping, valves, and other irrigation equipment. 801-5.1.2 Coordination. Contractor shall coordinate with other trades affecting or affected by work of this section. Contractor shall verify that sleeving and other conduits, of sizes and types specified, are installed as required. Prior to the start of work, Contractor shall verify that the performance and components of the existing system are in accord with current jurisdictional requirements and that all necessary components are located as shown on the drawings. Contractor shall protect the existing system and maintain its performance at all times during the work of this section unless otherwise approved by the Engineer. Contractor shall cap all lines that are cut by new construction and/or re-route to maintain system performance. Unless otherwise noted in the contract documents, Contractor shall return to the Engineer all salvaged heads, electrical components and valve boxes not used in this construction. When necessary during construction Contractor shall make arrangements for irrigation shutoff through the Engineer. Contractor shall provide complete temporary irrigation to all landscape areas affected by the shut-off, during normal watering seasons. Contractor shall maintain, repair, or replace controller wiring affected by construction and integrate new system requirements into the existing controller unless otherwise directed in the contract documents. Contractor shall verify whether or not the existing controller will accommodate the addition of new irrigation zones or any other new watering requirements. SP 42 OF 55 801.5.1.4 Preparation. Prior to all work of this section, Contractor shall carefully inspect all previously installed work and verify that all such work is complete to the point where specified installation may properly commence. Verify that irrigation system will be installed in strict accordance with all pertinent codes and regulations, the accepted design, the referenced standards, and the manufacturer's specifications. Contractor shall integrate new components into the existing system and maintain existing performance as specified. Contractor shall make arrangements for water shutoff when necessary with Engineer. Notify Owner 24 hours prior to water shutoff. 801-5.2 Trench Excavation and Backfill. Delete item c) and replace with the following: "c) Lateral lines shall be installed above ground and secured with pipe staples at a minimum interval of 15 feet." 801-5.4 Installation of Valves, Valve Boxes, and Special Equipment. Delete paragraph 3 and replace with the following: "Valves shall be line size for the pipeline in which they are installed or sized per manufacturer's recommendation." Delete paragraph 5 and replace with the following: "Quick coupler valves shall be in a covered concrete box set to finish grade." 801.5.5.2 Location, Elevation, and Spacing. Delete entire section and replace with the following: "Sprinkler head spacing shall not exceed the maximum recommended by the manufacturer and shall be reflected on the plans submitted. Sprinkler head spacing shall reflect a minimum of head to head coverage and limit overthrow into the creek to the extent possible. Sprinkler heads shall be installed on risers above existing grade as depicted in Drawings." 801-5.5.3 Riser and Nozzle Line Installation. Delete entire section and replace with the following: "Risers for oscillating sprinklers shall be 3/4 -inch galvanized steel pipe, or Engineer approved equal. Pipe between the connection to the lateral and the sprinkler head shall be threaded. Sprinkler head riser assemblies shall be top outlet, double -swing joint. A top outlet riser assembly shall consist of a pipe riser threaded into a top outlet ell or tee installed in the lateral supply line. SP 43 OF 55 Double -swing joint riser assemblies shall utilize a horizontal 6 -inch pipe nipple threaded into a side outlet ell or tee installed in the lateral supply line. Three ells shall be used in the remaining assembly ahead of the vertical riser pipe. Risers for oscillating sprinklers shall be supported by a 6 -foot T -post. The upper end of the T - post shall be 36 inches above finish grade and extend 36 inches below the lateral supply line. The galvanized risers shall be strapped to the T -post with stainless steel hose clamps." 801-5.7 Flushing and Testing. Delete the entire section and replace with the following: "801-5.7 Flushing and Testing. 801-5.7.1 System Flushing. After piping, risers, and valves are installed, but prior to installing sprinkler heads, thoroughly flush piping system under full water head. Maintain flushing for five minutes or until water flows clearly. Cap risers immediately after flushing. 801-5.7.2 Pressure Testing. Notify Engineer a minimum of 24 hours in advance when requesting inspection of pressure test. Conduct test in presence of Engineer. Test shall be conducted with backflow prevention, quick couplers, control valves, and manual drains in place and prior to backfilling. Laterals will be visually inspected for proper solvent welds and leaks prior to backfilling but no pressure test will be required. Piping must not lose more than 4 psi after 60 minutes at 125 psi. Correct defects and retest until Engineer approves. 801-5.7.3 System Programming. Calculate three irrigation programs: Spring / Early Summer, Summer, Late Summer / Fall. System operation requirements shall be based on annual precipitation rates, plant maturation requirements, solar exposure, and topography and soil conditions. Submit seasonal controller operation program with as -built record drawings and include laminated copy of program at controller location in controller cabinet. Include total application quantities in inches per week for all zones, for establishment period and normal system operation. 801-5.7.4 Final Inspection. Thoroughly clean, adjust, and balance the installed irrigation system. Adjust spray patterns of nozzles to reduce throw of water onto buildings, structures, vehicles, and paved surfaces. Monitor and re -adjust system operation until components operate continually as specified. SP 44 OF 55 Contractor shall give the Engineer a minimum of 48 -hours advance notice when requesting final inspection. Contractor shall operate the system in the presence of the Engineer to demonstrate satisfactory performance and coverage. Contractor shall demonstrate complete operation of the system, including controller - operating program, start-up and winterizing procedures, and deliver all supplemental equipment to the Engineer. 801-6 MAINTENANCE AND PLANT ESTABLISHMENT. Delete the entire section and replace with the following: "801-6.1 General. Contractor shall maintain the project on a continuous basis from the first day after the planting is complete and approval for all Work has been obtained from Engineer to start the 120 -calendar day Plant Establishment & Maintenance Period. Contractor shall request an inspection by the Engineer after plant installation for acceptance of the Work in writing. In the acceptance letter to Contractor, the Engineer will state the beginning and ending date of the Plant Establishment & Maintenance Period. Contractor shall schedule regular inspection meetings with Engineer during the period. The frequency of the meetings shall be as required by Engineer, but no less than once per month and no less than three inspections. Contractor shall provide all labor, materials and equipment to perform Work during the Plant Establishment & Maintenance Period, as specified herein, including but not limited to, adequate watering of plant material, replacing dead and/or declining plant materials, regular inspections, and controlling weeds. Any day Contractor fails to adequately water or perform work determined to be necessary by the Engineer will not be credited as part of the Plant Establishment & Maintenance Period. Contractor shall replace any plants indicating weakness or probability of dying due to Contractor negligence during the Plant Establishment & Maintenance Period at Contractor's expense. Contractor shall be available within five (5) working days of request by Engineer for replanting or any other maintenance activity Work determined to be necessary by the Engineer. The Plant Establishment & Maintenance Period may be extended by Engineer if the project is improperly maintained, appreciable replacement is required, or other corrective work becomes necessary. Contractor shall request an inspection within the last five (5) working days of the Plant Establishment and Maintenance Period for acceptance of the Work performed in accordance with the Contract Documents. The request shall be made to the Engineer a minimum of five (5) working days prior to the date of the inspection. Engineer will notify SP 45 OF 55 the Contractor in writing of the satisfactory completion of the Plant Establishment & Maintenance Period." 801-6.2 General Maintenance Duties (120 -day Plant Establishment & Maintenance Period). The following tasks to be performed by Contractor as General Maintenance duties during the Plant Establishment & Maintenance Period include, but are not limited to: 1. Plant inspection 2. Weed control 3. Exotic plant and tree removal 4. Trash and debris removal 5. Pest Control 6. Plant replacement 7. Seed replacement 8. Watering/temporary irrigation maintenance including system repairs due to vandalism 801-6.2.1 Plant Inspection. All native plants shall be maintained in their natural shapes. No pruning is necessary or desirable. All dead wood must remain on the plant or where it has fallen. All basins around plants shall be maintained at constructed depths during the Plant Establishment Period, unless otherwise directed by Engineer. The mulch within each watering basin shall be maintained at no less than two inches (2 -inches) unless otherwise authorized by Engineer. If during the 120 -day period the PSHB has been identified in newly establishing vegetation, Engineer shall be notified immediately and a map prepared. The disease plant shall be removed and appropriate disposal of the dead plant shall occur within 48 hours. 801-6.2.2 Weed Control. The project site shall be maintained free of weeds during the 120 consecutive days of the Plant Establishment & Maintenance Period. Weed eradication will minimize competition that would prevent the establishment of native species. A list of some, but not all, invasive species is provided in Attachment B. Maintenance personnel will be trained to distinguish weedy plant species from native vegetation to ensure that only weedy species are removed or sprayed with herbicide. During the Plant Establishment & Maintenance Period, weeds shall be manually removed either before they can attain a height of twelve inches (12 -inches) or produce flowers, whichever comes first. All portions of the plant will be removed, including the roots. If the site is not weeded within one week of achieving any of the above criteria, a penalty of liquidated damages equal to $500 per day will be imposed on Contractor by Engineer after the seventh day. Herbicide application is prohibited on all plants except Brazilian Peppertree, unless approved by Engineer. SP 46 OF 55 Pulled weeds will be placed on a "mantilla" to prevent the seeds from coming in contact with the ground, and removed from the project site on a daily basis. A cleared space, 18 inches from the base of the plant, will be maintained around each container plant to minimize competition from other plant species. Mulch, two inches thick within the watering basin, will be maintained throughout the maintenance period following the same procedures described in these Specifications. Leaf and branch drop, and organic debris of native species shall be left in place. The project site shall have no more than 10% cover by weeds, including annual weeds, at the end of the 120 -day Plant Establishment & Maintenance Period. 801-6.2.3 Herbicide Application. If hand pulling does not adequately control the weeds, Contractor shall submit recommendations for herbicides use or other methods for review by Engineer. Engineer will direct the Contractor regarding the selection of target weed species, their location, and the timing of weed control operations. If herbicide use is necessary, the type, quantity, and method of herbicide application will be determined by the Contractor's pest control advisor who will inspect the site and write project recommendations and submit same for review by Engineer. A licensed qualified applicator (QAL) may work under the supervision of the Contractor's pest control advisor. Contractor shall confirm with Engineer regarding the selection of target weed species, their location, and the timing of weed control operations to ensure that native plants are avoided to the extent possible. No herbicides shall be used on native vegetation or where Threatened or Endangered species occur. Contractor shall coordinate with Engineer to determine the presence of Threatened or Endangered species. Contractor shall notify Engineer at least 24 hours prior to each application of herbicide/pesticide and shall indicate the hours of application. Note: Contractor shall post notices one day prior to any chemical application throughout the site where the public can view. No application of pesticides shall be made on Saturdays, Sundays, or legal holidays, unless otherwise approved by Engineer. Pesticides shall not be applied when weather conditions, including wind conditions, are unsuitable for such work. Wind velocities shall not exceed five miles per hour during application of herbicides. 801-6.2.3 Exotic Tree Control. Contractor shall monitor the project site for regrowth or suckering of exotic tree species removed during construction operations. Trees or suckers that regrow from cut stems or root fragments remaining in the ground shall be manually excavated and disposed of off- site. Any trees that are treated with stem injection shall be monitored for appropriate response and success of treatment. Re -treatment may be required prior to conclusion of the 120 -day Plant Establishment and Maintenance Period as directed by Engineer. SP 47 OF 55 801-6.2.4 Trash and Debris Removal. All areas of the project site shall be kept clean and free of weeds, litter, trash, and debris during the Plant Establishment & Maintenance Period. The project site shall be well maintained in order to deter vandalism and dumping of trash. Contractor shall, during daily routine maintenance, remove weedy debris, inorganic litter, trash, and other debris from the project site and dispose of off-site as permitted by law. Contractor is responsible for avoiding impacts to plantings during trash removal activities. Contractor shall notify the Engineer regarding vandalism or dumping of trash immediately upon detection. Dead limbs and tree fall shall be left in place in the revegetation areas. 801-6.2.5 Pest Control. Contractor is responsible for monitoring trees and shrubs for signs of disease, insect and/or predator damage, and treating as necessary. Contractor shall repair and/or replace all damaged plants caused by rodents, disease, and/or insects. Badly damaged plants shall be removed or pruned to prevent spreading of the pestilence and replaced in kind if removed. Excessive foraging by predators may necessitate protective screening around plants. 801-6.2.6 Plant Replacement. Plants that show signs of failure to grow at any time, or which are so injured or damaged as to render them unsuitable for the purpose intended, as determined by Engineer, shall be removed and replaced. Unless otherwise approved by Engineer, Contractor shall complete replacement of unsuitable plants within one week after notification. Replacement plantings shall conform to the species, spacing, and size requirements specified for the plants being replaced as indicated in the Specifications. Replacement plants shall be purchased from replacement stock inventory at a native plant nursery, as approved by Engineer. Replacement plants shall be furnished and planted by Contractor at Contractor's expense during the Maintenance and Plant Establishment Period. 801-6.2.7 Seed Replacement. Hydroseeded areas showing less than 40 percent germination coverage of desired native plant material at 90 days after installations or as determined by Engineer, and showing no signs of vandalism or erosion (not due to excessive irrigation), will be reseeded by Contractor at the Contractor's expense. SP 48 OF 55 Any reseeding necessary to improve sparsely covered areas will be conducted following the same procedures described in these Specifications. Such reseeding may be performed by hand broadcasting or hydroseeding as approved by Engineer. 801-6.2.8 Watering / Temporary Irrigation. Contractor shall provide a minimum of 120 -day Plant Establishment and Maintenance Period unless otherwise specified in the contract documents. The Plant Establishment and Maintenance Period shall start on the day following the date of written acceptance of system installation by Engineer. After two weeks of operation, flush lines and remove particulates from system. Adjust and clean all filters and/or screens bi-monthly. Contractor shall maintain, repair, monitor and adjust the irrigation system as necessary and at Contractor's expense to maintain a fully functioning irrigation system. Once seed and containerized or live staked material is in place, Contractor will be responsible for supplying sufficient water to adequately germinate and establish the seed and support survival and growth of the containerized and live staked material. The frequency of irrigation will depend on plant health/vigor, soil moisture and the rate of evapotranspiration occurring between irrigation events. The irrigation schedule will be based on planting zones and related water needs of the plants. The following management scheme is recommended: • Irrigate soil to full field capacity to the desired depth (approximately 18 inches during germination and seedling establishment and 18 to 24 inches during containerized and live stake plant establishment). • Initially keep hydroseeded areas moist, until seeded material has germinated. • Allow soil to dry down to approximately 50 to 60 percent of field capacity (in the top 6 to 10 inches after germination and during seedling establishment and 8 to 12 inches during plant establishment) before the next irrigation cycle. Wetting of the full root zone and drying of the soil between irrigation events is essential to the maintenance of the plants and the promotion of a deep root structure that will support the vegetation after establishment. A soil probe or shovel is useful to directly examine soil moisture and rooting depth. Contractor shall review site conditions and plant vitality on a monthly basis and adjust watering schedule and components as necessary to maintain plant health. Upon each inspection Contractor shall run through controller and verify time settings. Contractor shall perform seasonal winterization and system start-up, demonstrate start-up and winterizing procedures to operating personnel, and repair and adjust the system throughout warranty period prior to turning maintenance schedule over to Engineer. SP 49 OF 55 ATTACHMENT A SENSITIVE PLANT SPECIES WITH POTENTIAL TO OCCUR ONSITE Coulter's 41 B.2/Not Found on alkaline or clay substrate saltbush (Atriplex covered within coastal bluff scrub, coastal dune coulteri) coastal scrub and valley and foothill grassland habitats. Blooming period is March — October. Occurs at elevations from 3 - 460 m. South Coast--/1B.2/Not Found within chenopod scrub, coastal saltscale covered bluff and coastal scrub habitats. (Atriplex pacifica) Blooming period is March — October. Occurs at elevations up to 140 m. Parish's--/1B.1/Not Found in alkali meadows, vernal pools, brittescale covered playas and chenopod scrub. Associated with alkaline soils. Blooming period is (Atriplex parishii) June — October. Occurs at 25 — 1900 m elevation. Davidson's Status' saltscale covered coastal bluff scrub and coastal scrub (Atriplex Federal/State, serenana var. October and occurs at elevations from Species CRPR/County Habitat Requirements Potential to Occur Aphanisma --/1B.2/Not Annual herb found in coastal bluff Moderate. Suitable but limited habitat is present covered scrub, costal dunes, and coastal scrub; on-site or within the immediate vicinity. One (Aphanisma sandy soils. Blooming period is March — source indicates this species was observed "on blitodes) June and found at elevations from 1 - south facing bluff in Big Canyon" in 2005, but no 305 m. coordinates provided. Coulter's 41 B.2/Not Found on alkaline or clay substrate saltbush (Atriplex covered within coastal bluff scrub, coastal dune coulteri) coastal scrub and valley and foothill grassland habitats. Blooming period is March — October. Occurs at elevations from 3 - 460 m. South Coast--/1B.2/Not Found within chenopod scrub, coastal saltscale covered bluff and coastal scrub habitats. (Atriplex pacifica) Blooming period is March — October. Occurs at elevations up to 140 m. Parish's--/1B.1/Not Found in alkali meadows, vernal pools, brittescale covered playas and chenopod scrub. Associated with alkaline soils. Blooming period is (Atriplex parishii) June — October. Occurs at 25 — 1900 m elevation. Davidson's 41 B.2/Not Found on alkaline substrate within saltscale covered coastal bluff scrub and coastal scrub (Atriplex habitats. Blooming period is from April — serenana var. October and occurs at elevations from davidsonii) 10 - 200 m. lucky morning---/1B.1/Not Found in meadows and seeps glory covered (sometimes alkaline), riparian scrub (alluvial). Historically associated with (Calystegia felix) wetland and marshy places, but possibly in drier situations as well. Blooming period is March — September and occurs at elevations of 30 - 215 m. Southern tarplant --/1B.1/Not Found in the margins of marshes and (Centromadia covered swamps, vernally mesic valley and parryi ssp. foothill grasslands, and vernal pool australis) habitats. This species is commonly found in disturbed areas, in relatively close proximity to a seasonal or perennial water source. Blooming period is May — November; occurs at elevations up to 425 m. Moderate. Suitable habitat is present on-site or within the immediate vicinity. One previously recorded occurrence was identified near the mouth of San Diego Creek. Moderate. Suitable habitat is present on-site or in the immediate vicinity. Moderate. Suitable but limited habitat is present on-site or within the immediate vicinity. However, unlikely since this species has not been seen in Orange County since 1907. Moderate. Limited, low quality habitat is present on-site or within the immediate vicinity. Moderate. Suitable but limited habitat is present on-site or within the immediate vicinity. Present. During the 2015 focused plant surveys, occurrences of southern tarplant were documented within 9 locations within the study area, but outside of the Phase 2A project site (Dudek 2015). Young tarplants were observed during ESA's March 2018 site visit in two locations; although tarplant was not observed in the other 7 locations, this may have been due to the timing of the site visit (i.e., too early in the season for this annual species). SP 50 OF 55 Status' Federal/State, Species CRPR/County Habitat Requirements Potential to Occur Southwestern 44.2/Not covered Perennial rhizomatous herb found in spiny rush coastal dunes (mesic), meadows and (Aspidoscelis hyperythra) seeps (alkaline seeps), and marshes (Juncus acutus and swamps (coastal salt). Occurs from ssp. leopoldii) 3 — 900 m elevation; blooming period is March — June. California box- 44.2/Not covered Perennial shrub found in coastal bluff thorn scrub and coastal scrub at 5 — 150 m elevation. Blooming period is December (Lycium — August. californicum) Woolly seablite -44.2/Not covered Perennial evergreen shrub found in coastal bluff scrub, coastal dunes, (Suaeda marshes and swamps (margins of taxifolia) coastal salt). Blooming period is January — December and occurs at elevations from 0 — 50 m. Present. Suitable habitat is present on-site or within the immediate vicinity. This species has been observed within Big Canyon (Dudek 2015), but outside the Phase 2A project site. Present. During the 2015 focused plant surveys, occurrences of California box -thorn were documented within 8 locations within the study area, but outside of the Phase 2A project site (Dudek 2015). During ESA's March 2018 site visit, 7 of the 8 locations were confirmed; 1 location was not confirmed to restricted accessibility but is presumed to be extant. Moderate. Known from Big Canyon area but not found within the Phase 2A project site. Limited habitat is present in the study area. This species is known or expected to occur closer to the bay but above the high tide line. Description of status codes: FE = Listed as endangered under the FESA FT = Listed as threatened under the FESA SE = Listed as endangered under the CESA ST= Listed as threatened under the CESA CRPR = California Rare Plant Rank (CNPS 2018) CRPR 1 B.1 = Seriously threatened in California and elsewhere CRPR 1 B.2 = Fairly threatened in California and elsewhere CRPR 1 B.3 = Not very threatened in California and elsewhere CRPR 213.2 = Fairly threatened in California, but more common elsewhere CRPR 4.2 = Fairly threatened in California, placed on a watch -list due to limited distribution throughout its range CRPR 4.3 = Plant of limited distribution, not very threatened in California Covered = Covered under the Orange County NCCP/HCP Conditionally Covered = Conditionally Covered under the Orange County NCCP/HCP Not covered = Not covered under the Orange County NCCP/HCP SENSITIVE WILDLIFE SPECIES WITH POTENTIAL TO OCCUR ONSITE Status' Species Federal/State/County Habitat Requirements Potential to Occur REPTILES Orange -throated whiptail --/SC/Covered Species requires intact habitat within (Aspidoscelis hyperythra) chaparral, cismontane woodland and coastal scrub plant communities. Prefers washes & other sandy areas with patches of brush & rocks. Perennial plants necessary for its major food -termites. BIRDS Cooper's hawk --/WL/Not covered Found in riparian areas, and open (Accipiter cooperii) woodlands, chiefly of open, interrupted or marginal type. Nests in riparian growths of deciduous trees and live oak woodlands. Moderate. Limited habitat is present on-site or within the immediate vicinity. Present. This species was observed on-site during 2015 biological surveys. SP 51 OF 55 SENSITIVE WILDLIFE SPECIES WITH POTENTIAL TO OCCUR ONSITE Status' Species Federal/State/County Habitat Requirements Potential to Occur Sharp -shinned hawk (Accipiter striatus) Great blue heron (Ardea herodias) Swainson's hawk (Buteo swainsoni) Northern harrier (Circus cyaneus) White-tailed kite (Elanus leucurus) Southwestern willow flycatcher (Empidonax traillii extimus) Merlin (Falco columbarius) --/WL/Covered --/--/Not covered BCC/ST/Not covered --/SC/Covered --/FP/Not covered Ponderosa pine, black oak, riparian deciduous, mixed conifer & Jeffrey pine habitats. Prefers riparian areas. This species does not nest in coastal California. Colonial nester in tall trees, cliff sides, and sequestered spots on marshes. Rookery sites in close proximity to foraging areas: marshes, lake margins, tide -flats, rivers and streams, wet meadows. Breed in desert, shrub steppe, agricultural, and grassland habitats. Nests in a variety of tree species in existing riparian forests, remnant riparian trees, shade trees at residences and alongside roads, planted windbreaks, and solitary upland oaks. Typically do not nest in large continuous patches of woodland other than along edges next to open habitats. This species does not nest in coastal California. Coastal salt & fresh -water marsh. Nest & forage in grasslands, from salt grass in desert sink to mountain cienagas. Nests on ground in shrubby vegetation, usually at marsh edge; nest built of a large mound of sticks in wet areas. Rolling foothills and valley margins with scattered oaks and river bottomlands or marshes next to deciduous woodland. Open grasslands, meadows, or marshes for foraging close to isolated, dense - topped trees for nesting and perching. FE/SE/Conditionally Breeds in dense willow -dominated Covered riparian habitat near open water. --/WL/Not covered Seacoast, tidal estuaries, open woodlands, savannahs, edges of grasslands & deserts, farms & ranches. Clumps of trees or windbreaks are required for roosting in open country. High. Suitable foraging habitat is present on-site or within the immediate vicinity, but does not nest in coastal California. Observed within project vicinity during 2003 surveys (CCI 2004). Moderate. Suitable but limited habitat is present on-site or within the immediate vicinity. However, nesting habitat is very limited; not expected to nest in project site. Moderate. Limited to foraging only during migration — does not breed in the area. Suitable but limited foraging habitat is present on-site or within the immediate vicinity. Moderate. Suitable but limited habitat is present on-site or within the immediate vicinity. Observed within project vicinity during 2003 surveys (CCI 2004). However, nesting habitat is very limited and low quality; not expected to nest in Project vicinity. Moderate. Suitable but limited habitat is present on-site or within the immediate vicinity. Observed within project vicinity during 2003 surveys (CCI 2004) and on-site in 2015 (Dudek 2015). Moderate. Limited habitat is present on-site or within the immediate vicinity. In addition, no southwestern willow flycatcher were observed within the study area during the 2015 focused riparian bird surveys (Dudek 2015). Moderate. Suitable but limited foraging habitat is present. This species may visit occasionally in winter but is not known to nest this far south. SP 52 OF 55 SENSITIVE WILDLIFE SPECIES WITH POTENTIAL TO OCCUR ONSITE Status' Species Federal/State/County Habitat Requirements Potential to Occur American peregrine falcon DL/DL, FP, Known to occur near wetlands, lakes, Moderate. Suitable foraging (Falco peregrinus anatum) BCC/Covered rivers, or other water; on cliffs, habitat is present on-site or banks, dunes, mounds; also, human- within the immediate vicinity. made structures. Nest consists of a Observed within project vicinity scrape or a depression or ledge in an during 2003 surveys (CCI open site. 2004). Marginally suitable nesting habitat occurs within the vicinity on bluff faces, but not within the Phase 2A project site. Yellow -breasted chat --/SC/Not covered Known to occur within riparian forest, Present. This species was (Icteria virens) scrub and woodland habitats. observed on-site during 2015 biological surveys. Least bittern BCC/SC/Not covered Colonial nester in marshlands and Moderate. Suitable but limited (Ixobrychus exilis) borders of ponds and reservoirs habitat is present on-site or which provide ample cover. Nests within the immediate vicinity. usually placed low in tules, over water. Loggerhead shrike BCC/SC/Not covered Broken woodlands, savannah, Moderate. Suitable but limited (Lanius ludovicianus) pinyon -juniper, Joshua tree, & habitat is present on-site or riparian woodlands, and desert within the immediate vicinity. oases, scrub & washes. Prefers open country for hunting, with perches for scanning, and fairly dense shrubs and brush for nesting. Osprey --/WL/Not covered Ocean shore, bays, fresh -water Present. Suitable habitat is (Pandion haliaetus) lakes, and larger streams. Large present on-site or within the nests built in tree -tops within 15 immediate vicinity. Observed miles of a good fish -producing body foraging in the project vicinity of water. during 2003 surveys (CCI 2004), and on the border of the study area during 2015 surveys (Dudek 2015). Osprey are known to nest at the Back Bay Science Center area approximately one mile to the south, but not expected within the project site. Coastal California gnatcatcher FT/SC/Covered Species is an obligate, permanent Present. This species was (Polioptila californica resident of coastal sage scrub in observed within the study area californica) southern California. Low, coastal (but outside of the Phase 2A sage scrub in and washes, on mesas project site) during 2015 and slopes. biological surveys. Yellow warbler BCC/SC/Not covered Riparian plant associations in close Present. This species was (Setophaga petechia) proximity to water. Frequently found observed on-site during 2015 nesting and foraging in willow shrubs biological surveys. and thickets, and in other riparian plants including cottonwoods, sycamores, ash, and alders. Least Bell's vireo FE/SE/Conditionally Known to occur in riparian forest, High. Suitable habitat is present (Vireo bellii pusillus) Covered scrub, and woodland habitats. Nests on-site or within the immediate primarily in willow, baccharis, or vicinity. However, no least Bell's mesquite habitats. vireo were observed within the study area during the 2015 focused riparian bird surveys (Dudek 2015). This species has been observed within the study area in previous years (RMMP 2016). MAMMALS Southern California --/SC/Not covered Known to occur in salt marsh habitat Moderate. Suitable but limited saltmarsh shrew within Southern California. Requires habitat is present on-site or (Sorex ornatus salicornicus) dense vegetation and woody debris within the immediate vicinity. for cover. SP 53 OF 55 SENSITIVE WILDLIFE SPECIES WITH POTENTIAL TO OCCUR ONSITE Status' Species Federal/State/County Habitat Requirements Potential to Occur Pallid bat --/SC/Not covered Known to occur in a wide variety of Moderate to High. Suitable (Antrozous pallidus) habitats including deserts, habitat is present on-site or grasslands, shrublands, woodlands & within the immediate vicinity. forests. Most common in open, dry habitats with rocky areas for roosting; particularly associated with buildings and bridges. San Diego desert woodrat --/SC/Covered Known to occur in coastal scrub, Moderate to High. Suitable (Neotoma lepida intermedia) desert scrub, chaparral, cactus, and habitat is present on-site or rocky habitats. within the immediate vicinity. Description of status codes: FE = Listed as endangered under the FESA FT = Listed as threatened under the FESA DE = Delisted under the FESA SE = Listed as endangered under the CESA ST = Listed as threatened under the CESA FP = Listed as fully protected under CDFW code SC = Species of Special Concern BCC = Bird of Conservation Concern WL = Watch listed Covered = Covered under the County of Orange NCCP/HCP Conditionally Covered = Conditionally Covered under the County of Orange NCCP/HCP Not covered = Not covered under the County of Orange NCCP/HCP SP 54 OF 55 ATTACHEMENT B PARTIAL LIST OF INVASIVE EXOTIC VEGETATION Target invasive exotic plant species to be controlled include but are not limited to the following: Species Name Common Name Anthemis cotula Mayweed chamomile Anagallis arvensis scarlet pimpernel Araujia sericifera* bladderflower* Arundo donax giant reed Atriplex amnicola* swamp saltbush* Atriplex glauca waxy saltbush Atriplex semibaccata Australian saltbush Brassica nigra black mustard Brassica tournefortii Sahara mustard Carduus tenuiflorus Italian thistle Carpobrotus chilensis sea -fig Centaurea melitensis tocalote Centaurea solstitialis yellow star thistle Chenopodium murale nettle -leaved goosefoot Cirsium vulgare bull thistle Conium maculatum poison hemlock Cortaderia selloana, C. jubata pampas grass Cynara cardunculus artichoke thistle Delairea odorata cape ivy Emex spinosa* spiny emex* Erodium spp. filaree (stork's bill) Foeniculum vulgare Fennel Hedera helix English ivy Helminthotheca echioides bristly ox tongue Hirschfeldia incana short podded mustard Hydrilla verticillata hydrilla Kickxia elatine sharp leaved fluellin Kochia scoparia* Summer cypress* Lepidium draba* whitetop* Lepidium latifolium perennial pepperweed Limonium duriusculum English sea lavendar Limonium ramosissimum Algerian sea lavendar Malephora crocea ice plant Malva parviflora cheeseweed Marrubium vulgare horehound Matricaria discoidea pineapple weed Medicago polymorpha burclover Melilotus spp. sweet clovers Mesembryanthemum crystallinum crystalline iceplant Myoporum laetum myoporum Nicotiana glauca tree tobacco SP 55 OF 55 Oncosiphon piluliferum* stinknet* Oxalis pes-caprae Bermuda buttercup Pennisetum setaceum fountain grass Ricinus communis castor bean Rubus armeniacus* Himalayan blackberry* Rumex crispus curly dock Salsola tragus Russian thistle Silybum marianum milk thistle Sonchus oleraceues sow thistle Tamarix ramosissima tamarisk, salt cedar Tropaeolum majus garden nasturtium Urtica urens dwarf nettle Vinca major Periwinkle Volutaria tubuliflora Egyptian knapweed Xanthium spinosum spiny cocklebur TREE SPECIES Ailanthus altissima tree of heaven Eucalyptus spp. Eucalyptus Ficus carica Fig Fraxinus spp. Ash Koelreuteria paniculata Goldenrain tree Phoenix canariensis Canary Island palm Schinus molle Peruvian pepper Schinus terebinthifolius Brazilian pepper Triadica sebifera Chinese tallowtree Washington robusta Mexican fan palm Species list is not all-inclusive. All non-native plants shall be removed. *relatively new invasive exotic species in Orange County 0 CALIFORNIA Water Boards Santa Ana Regional Water Quality Control Board May 7, 2019 Ms. Heather Cieslak Director of Operations Newport Bay Conservancy 600 Shellmaker Road Newport Beach, CA 92660 Email: heather. cieslak(aD-newportbay.org Dear Ms. Cieslak: CLEAN WATER ACT SECTION 401 WATER QUALITY CERTIFICATION AND ORDER FOR THE BIG CANYON COASTAL HABITAT RESTORATION AND ADAPTATION PROJECT PHASE 2A (SARWQCB WDID # 302018-13) Enclosed please find a Clean Water Act Section 401 Water Quality Certification and Order, authorized by Santa Ana Regional Water Quality Control Board Executive Officer, Hope Smythe, This Order is issued to you for Big Canyon Coastal Habitat Restoration Phase 2 (Project). Attachments A through C of the Enclosure are also part of the Order. This Order is issued in response to an application submitted by Newport Bay Conservancy for proposed Project discharge to waters of the State to ensure that the water quality standards for all waters of the State impacted by the Project are met. You may proceed with your Project according to the terms and conditions of the enclosed Order. If you require further assistance, please contact me by phone at (951) 321-4584 or by email at Marc.Browna-waterboards.ca.gov . You may also contact David Woelfel, Chief of Regional Planning Programs Section, by phone at (951) 782-7960 or by email at David. Woelfel(aD-waterboa rds. ca.gov. Sincerely, Marc K. Brown Environmental Scientist Regional Planning Unit Santa Ana Regional Water Quality Control Board Enclosures (1): Order for Big Canyon Coastal Habitat Restoration Phase 2A WILLIAM RUH, CHAIR I HOPE SMYTHE, EXECUTIVE OFFICER 3737 Main St., Suite 500, Riverside, CA 92501 1 www,waterboards.ca.gov/santaana `i RECYCLED PAPER I GAMIN NEWSOM j L- GOVERNOR JARED BLUMENFELD :CRETARY FOR ENVIRONMENTAL PROTECTION CLEAN WATER ACT SECTION 401 WATER QUALITY CERTIFICATION AND ORDER FOR THE BIG CANYON COASTAL HABITAT RESTORATION AND ADAPTATION PROJECT PHASE 2A (SARWQCB WDID # 302018-13) Enclosed please find a Clean Water Act Section 401 Water Quality Certification and Order, authorized by Santa Ana Regional Water Quality Control Board Executive Officer, Hope Smythe, This Order is issued to you for Big Canyon Coastal Habitat Restoration Phase 2 (Project). Attachments A through C of the Enclosure are also part of the Order. This Order is issued in response to an application submitted by Newport Bay Conservancy for proposed Project discharge to waters of the State to ensure that the water quality standards for all waters of the State impacted by the Project are met. You may proceed with your Project according to the terms and conditions of the enclosed Order. If you require further assistance, please contact me by phone at (951) 321-4584 or by email at Marc.Browna-waterboards.ca.gov . You may also contact David Woelfel, Chief of Regional Planning Programs Section, by phone at (951) 782-7960 or by email at David. Woelfel(aD-waterboa rds. ca.gov. Sincerely, Marc K. Brown Environmental Scientist Regional Planning Unit Santa Ana Regional Water Quality Control Board Enclosures (1): Order for Big Canyon Coastal Habitat Restoration Phase 2A WILLIAM RUH, CHAIR I HOPE SMYTHE, EXECUTIVE OFFICER 3737 Main St., Suite 500, Riverside, CA 92501 1 www,waterboards.ca.gov/santaana `i RECYCLED PAPER Heather Cieslak - 2 - May 7, 2019 Newport Bay Conservancy SARWQCB WDID # 3022018-13 cc: [Via email only] (w/ enclosure): U.S Army Corps of Engineers, Regulatory Division, South Coast Branch — Eric Sweeney — Eric. R. Sweeney(cD-usace. army. mil U.S. Environmental Protection Agency, Region 9 — Wetlands Section — Megan Fitzgerald — Fitzgerald. Megan(a)-epa.gov Melissa Scianni -- Scianni.Melissa(a-)-epa.gov California Department of Fish and Wildlife — Carla Navarro — Carla. Navarro(a)-wildlife.ca.gov State Water Resource Control Board, Office of Chief Counsel -- Teresita Sablan — Teresita. Sablant-waterboards. ca. gov State Water Resources Control Board, Division of Water Quality -- Water Quality Certification Unit Santa Ana Regional Water Quality Control Board — David Woelfel C A L I F O R N I A Water Boards Santa Ana Regional Water Quality Control Board b� GAVINNEwsom GOVERERN01;pR JARED BLUMENFELD tiC3, SECRETARY FOR ENVIRONMENTAL PROTECTION CLEAN WATER ACT SECTION 401 WATER QUALITY CERTIFICATION AND ORDER Effective Date: May 7, 2019 Reg. Meas. ID: 424888 Place ID: 850582 Program Type: Restoration SARWQCB WDID: 302018-13 USACE #: SPL -1800574 Project Type: Ecological Aquatic/Stream/Habitat Restoration Project: Big Canyon Coastal Habitat Restoration and Adaptation Project - Phase 2A (Project) Applicant Contact: Heather Cieslak Newport Bay Conservancy 600 Shellmaker Road Newport Beach, CA 92260 Phone: (949) 640-1751 Email: heather. cieslak(a--)newportbay. org Applicant's Agent: David Pohl, Project Manager 2121 Alton Parkway #100 Irvine, CA 92606 Phone: (619) 719-4185 Email: dpohl@esessoc.com Water Board Staff: Marc Brown Environmental Scientist 3737 Main Street Ste #500 Riverside, CA 92501-3348 Phone: (951) 321-4584 Email: Marc.Brown@waterboards.ca.gov Water Board Contact Person: If you have any questions, please call Santa Ana Regional Water Quality Control Board (Santa Ana Water Board) staff listed above or (951) 782-4130 and ask to speak with the Regional Planning Programs Section Chief. WILLIAM RUN, CHAIR I HOPE SMYTHE, EXECUTIVE OFFICER 3737 Main St., Suite 500, Riverside, CA 92501 1 www.weterboards.ce,gov/aantaona Zi RECYCLED PAPER Big Canyon Coastal Habitat Restoration Project Phase 2A Reg. Meas. ID: 424888 SARWQCB WDID # 302018-13 Place ID: 850582 Table of Contents I. Order............................................................................................................................... 3 ii. Public Notice....................................................................................................................3 III. Project Purpose............................................................................................................... 3 IV. Project Description...........................................................................................................3 V. Project Location............................................................................................................... 4 VI. Project Impact and Receiving Waters Information............................................................4 VII. Description of Direct Impacts to Waters of the State........................................................4 VIII. California Environmental Quality Act(CEQA).......................... :........................................ 5 IX. Petitions for Reconsideration...........................................................................................6 X. Fees Received.................................................................................................................6 XI. Conditions........................................................................................................................6 XII. Water Quality Certification.............................................................................................14 Attachment A Project Maps(s) Attachment B Report and Notification Requirements Attachment C Signatory Requirements Page 2 of 15 Big Canyon Coastal Habitat Restoration Project Phase 2A Reg. Meas. ID: 424888 SARWQCB WDID # 302018-13 Place ID: 850582 I. Order This Clean Water Act (CWA) section 401 Water Quality Certification action and Order (Order) is issued at the request of Newport Bay Conservancy (herein after Permittee) for the Project. This Order is for the purpose described in the application and supplemental information submitted by the Permittee. The application was received on August 27, 2018. The application was deemed complete on April 8, 2019. Prior to receiving a complete application, Santa Ana Water Board staff issued a notice of incomplete application, and the Permittee responded to the request for application information as summarized on Tables 1 and 2. Table 1: Record of NoticeAs) of Incomplete Application Date of Notice of Incomplete Application Date Requested Information Received 11 /14/2018 3/27/2019 Santa Ana Water Board staff requested additional information necessary to supplement the contents of the complete application, and the Permittee responded to the request for supplemental information on the following dates see Table #2: Table 2 Record of Supplemental Application Information Date of Request for Supplemental Information Date Requested Information Received 9/4/2018 1/30/2019 II. Public Notice The Santa Ana Water Board provided public notice of the application pursuant to California Code of Regulations, title 23, section 3858 from August 27, 2018 to the effective date of the Order. The Santa Ana Water Board did not receive any comments during the comment period. III. Project Purpose The purpose of the proposed Project is to stabilize the creek and floodplain within the Project area, while restoring riparian habitat and creating a mosaic of native and sustainable habitats within the Big Canyon Nature Park. To achieve the Project goals, the proposed project has multiple objectives including: remove exotic and invasive plants and replant with native vegetation to create a mosaic of coastal habitats; restore, enhance and improve the resiliency of the riparian habitat; create wet and high alkali meadow habitats; reduce Big Canyon Creek channel erosion and restore connectivity between the Big Canyon Creek Channel and the floodplain; remediate and remove mosquito breeding habitat; improve the Big Canyon Creek water quality and benthic habitat; and encourage public access and improve educational and recreational opportunities. IV. Project Description The project entails creek and riparian habitat restoration activities that will include floodplain restoration, streambank stabilization, and sustainable riparian habitat restoration. The project is self -mitigating and does not require compensatory mitigation. Page 3 of 15 Big Canyon Coastal Habitat Restoration Project Phase 2A Reg. Meas. ID: 424888 SARWQCB WDID # 302018-13 Place ID: 850582 V. Project Location The Project is located along Big Canyon Creek in the City of Newport Beach, Orange County. Specifically, the Project lies west of Jamboree Road, between Eastbluff Drive/Ford Road and San Joaquin Hills Road (Latitude/Longitude (33.631251, -117.881831). The site is accessed via a private maintenance road that connects with Back Bay Drive. Maps showing the Project location are found in Attachment A of this Order. VI. Project Impact and Receiving Waters Information The Project is located within the jurisdiction of the Santa Ana Water Board. Receiving waters and groundwater potentially impacted by this Project are protected in accordance with the Water Quality Control Plan for the Santa Ana Basin (1995) (Basin Plan) and other plans and policies, which may be accessed online at: http://www.waterboards.ca.gov/plans policies/. The Basin Plan includes water quality standards, which consist of existing and potential beneficial uses of waters of the State, water quality objectives to protect those uses, and the State and federal antidegradation policies. Receiving Water: Big Canyon Creek, tributary to Upper Newport Bay Existing or Potential Beneficial Uses: Water Contact Recreation (REC1), Non -contact Water Recreation (REC2), Wildlife Habitat (WILD), Warm Freshwater Habitat (WARM) and Rare, Threatened, or Endangered Species (RARE) VII. Description of Direct Impacts to Waters of the State The Project will temporarily impact 9.19 acres of mostly non-native vegetation. These impacts are a result of invasive species removal and riparian restoration efforts. Permanent impacts are not anticipated as part of the Project. The Project is a restoration project; hence, no compensatory mitigation is proposed. The Project will cause no permanent impacts to riparian habitat and no net loss of wetlands. All temporary impacts associated with the Project are to improve and restore riparian habitat. Page 4 of 15 Big Canyon Coastal Habitat Restoration Project Phase 2A Reg. Meas. ID: 424888 SARWQCB WDID # 302018-13 Place ID: 850582 Total Project fill/excavation quantities for all impacts are summarized in Table 3. Permanent impacts are categorized as those resulting in a physical loss in area and also those degrading ecological condition only. Table #3: Total Project Fill/Excavation Quantity Aquatic Resource Type Temporary Impact' Permanent Impact Physical Loss of Area Degradation of Ecological Condition Only Acres CY2 LF Acres CY LF Acres CY LF Lake - - - - - - - - - Ocean/bay/ estuary - - - - - - -- Riparian Zone 2.18 - 388 -- - - - - - Stream Channel - - -- -- - - - -- - Vernal Pool I - - - -- - - -- - -- Wetland 1 4.04 - 1,234 - - -- -- - - VIII. California Environmental Quality Act (CEQA) Pursuant to California Code of Regulations, Title 14, Chapter 3, section 15096, as a Responsible Agency, the Santa Ana Water Board is required to consider an Environmental Impact Report (EIR) or Initial Study/Mitigated Negative Declaration (IS/MND) prepared by the lead agency to determine whether to approve an application submitted for a Project should receive Certification. A responsible agency has responsibility to mitigate and avoid only the direct and indirect environmental effects of those parts of the project that it decides to carry out, finance, or approve. Further, the responsible agency must make findings as required by section 15091 and, if necessary, section 15093 for each and every significant impact of the Project. On January 25, 2019 the City of Newport Beach, as lead agency, adopted an IS/MND for the Project and filed a Notice of Determination (NOD) with the Clerk of the Board of Supervisors, County of Orange County on January 25, 2019. As required by section 15096, in approving this Certification, the Santa Ana Water Board has considered the IS/MND adopted by the City of Newport Beach and subsequent information provided by the Permittee. More specifically, the Santa Ana Water Board considered those sections of the IS/MND pertaining to impacts to water quality standards. Based on the mitigation proposed in the IS/MND and the Conditions set forth in this Certification, potentially adverse impacts to water quality standards should be reduced to a less than significant level and beneficial uses protected, if all stated mitigation and conditions are performed. 1 Includes only temporary direct impacts to waters of the State and does not include upland areas of temporary disturbance, which could result in a discharge to waters of the State. 2 Cubic Yards (CY); Linear Feet (LF) Page 5 of 15 Big Canyon Coastal Habitat Restoration Project Phase 2A Reg, Meas. ID: 424888 SARWQCB WDID # 302018-13 Place ID: 850582 IX. Petitions for Reconsideration Any person aggrieved by this action may petition the State Water Resources Control Board to reconsider this Order in accordance with California Code of Regulations, title 23, section 3867. A petition for reconsideration must be submitted in writing and received within thirty (30) calendar days of the issuance of this Order. X. Fees Received An application fee of $400 was received on August 27, 2018. The fee amount was determined as required by California Code of Regulations, title 23, sections 3833(b)(3) and 2200(x)(3) and was calculated as category D - Ecological Restoration and Enhancement Projects (fee code 85) with the dredge and fill fee calculator. XI. Conditions The Santa Ana Water Board has independently reviewed the record of the Project to analyze impacts to water quality and designated beneficial uses within the watershed of the Project. In accordance with this Order, the Permittee may proceed with the Project under the following terms and conditions: A. Authorization Impacts to waters of the State shall not exceed quantities shown in Table 3. B. Reporting and Notification Requirements The following section details the reporting and notification types and timing of submittals. Requirements for the content of these reporting and notification types are detailed in Attachment B, including specifications for photo and map documentation during Project construction. Written reports and notifications shall be submitted using the Reporting and Notification Cover Sheet located in Attachment B and signed by the Permittee or an authorized representative. Page 6of16 Big Canyon Coastal Habitat Restoration Project Phase 2A Reg. Meas. ID: 424888 SARWQCB WDID # 302018-13 Place ID: 850582 1. Project Reporting a. Annual Reporting. The Permittee shall submit an Annual Report each year on the anniversary of the effective date. Annual reporting shall continue until a Notice of Project Complete Letter is issued to the Permittee. 2. Project Status Notifications a. Commencement of Construction. The Permittee shall submit a Commencement of Construction Report at least seven (7) days prior to start of initial ground disturbance activities. b. Request for Notice of Completion of Discharges Letter. The Permittee shall submit a Request for Notice of Completion of Discharges Letter following completion of active Project construction activities, including any required restoration and permittee -responsible mitigation. This request shall be submitted to the Santa Ana Water Board staff within thirty (30) days following completion of all Project construction activities. Upon acceptance of the request, Santa Ana Water Board staff will issue to the Permittee a Notice of Completion of Discharges Letter, which will end the active discharge period and, if appropriate, associated annual fees. c. Request for Notice of Project Complete Letter. The Permittee shall submit a Request for Notice of Project Complete Letter when construction and any required post -construction monitoring is complete and no further Project activities will occur. This request shall be submitted to Santa Ana Water Board staff within thirty (30) days following completion of all Project activities. Upon approval of the request, the Santa Ana Water Board staff will issue a Notice of Project Complete Letter to the Permittee, which will end the post discharge monitoring period and associated annual fees. 3. Conditional Notifications and Reports: The following notifications and reports are required as appropriate. a. Accidental Discharges of Hazardous Materials.' Following an accidental discharge of a reportable quantity of a hazardous material, sewage, or an unknown material, the following applies (Water Code, § 13271): L As soon as (A) Permittee has knowledge of the discharge or noncompliance, (B) notification is possible, and (C) notification can be provided without substantially impeding cleanup or other emergency measures then: • first call — 911 (to notify local response agency) • then call — Office of Emergency Services (OES) State Warning Center at (800) 852-7550 or (916) 845-8911 3 Completion of post -construction monitoring will be determined by Santa Ana Water Board staff and will be contingent on successful attainment of restoration and mitigation performance criteria. 4 "Hazardous material' means any material that, because of its quantity, concentration, or physical or chemical characteristics, poses a significant present or potential hazard to human health and safety or to the environment if released into the workplace or the environment. "Hazardous materials" include, but are not limited to, hazardous substances, hazardous waste, and any material that a handier or the administering agency has a reasonable basis for believing that it would be injurious to the health and safety of persons or harmful to the environment if released into the workplace or the environment. (Health & Safety. Code, § 25501.) Page 7 of 15 Big Canyon Coastal Habitat Restoration Project Phase 2A Reg. Meas. ID: 424888 SARWQCB WDID # 302018-13 Place ID: 850582 • lastly follow the required OES procedures as set forth in: http://www.cafoes.ca.qov/FireRescueSite/Documents/CalOES- Spill Booklet Feb2014 FINAL BW Acc.pdf ii. Following notification to OES, the Permittee shall notify Santa Ana Water Board, as soon as practicable (ideally within 24 hours). Notification may be via telephone, email, delivered written notice, or other verifiable means_ iii. Within five (5) working days of notification to the Santa Ana Water Board, the Permittee shall submit an Accidental Discharge of Hazardous Material Report. b. Violation of Compliance with Water Quality Standards. The Permittee shall notify the Santa Ana Water Board of any event causing a violation of compliance with water quality standards. Notification may be via telephone, email, delivered written notice, or other verifiable means. L Examples of noncompliance events include: lack of storm water treatment following a rain event, discharges causing a visible plume in a water of the State, and water contact with uncured concrete. ii. This notification shall be followed within three (3) working days by submission of a Violation of Compliance with Water Quality Standards Report to the Santa Ana Water Board. c. In -Water Work i. The Permittee shall notify the Santa Ana Water Board at least forty-eight (48) hours prior to initiating work in water or stream diversions. Notification may be via telephone, email, delivered written notice, or other verifiable means, ii. Within three (3) working days following completion of work in water or stream diversions, an /n -Water Work/Diversions Water Quality Monitoring Report shall be submitted to Santa Ana Water Board staff. d. Modifications to Project. Project modifications may require an amendment of this Order. The Permittee shall give advance notice to Santa Ana Water Board staff by submitting a Modifications to Project Report, if Project implementation as described in the application materials is altered in any way or by the imposition of subsequent permit conditions by any local, State, or federal regulatory authority. The Permittee shall inform Santa Ana Water Board staff of any Project modifications that will interfere with the Permittee's compliance with this Order. Notification may be made in accordance with conditions in the Certification Deviation section of this Order. e. Transfer of Property Ownership. This Order is not transferable in its entirety or in part to any person or organization except after notice to the Santa Ana Water Board in accordance with the following terms: Page 8 of 15 Big Canyon Coastal Habitat Restoration Project Phase 2A Reg. Meas. ID: 424888 SARWQCB WDID # 302018-13 Place ID: 850582 I. The Permittee shall notify the Santa Ana Water Board by submitting a Transfer of Property Ownership Report of any change in ownership or interest in ownership of the Project area. The Permittee and purchaser shall sign and date the notification and provide such notification to the Santa Ana Water Board at least 10 days prior to the transfer of ownership. The purchaser shall also submit a written request to the Santa Ana Water Board to be named as the permittee in a revised order. ii. Until such time as this Order has been modified to name the purchaser as the permittee, the Permittee shall continue to be responsible for all requirements set forth in this Order. Transfer of Long -Term Best Management Practices (BMPs) Maintenance. If maintenance responsibility for post -construction BMPs is legally transferred, the Permittee shall submit to the Santa Ana Water Board a copy of such documentation and shall provide the transferee with a copy of a long-term BMP maintenance plan that complies with manufacturer or designer specifications. The Permittee shall provide such notification to the Santa Ana Water Board with a Transfer of Long -Term BMP Maintenance Report at least 10 days prior to the transfer of BMP maintenance responsibility. C. Water Quality Monitoring 1. General: If surface water is present, continuous visual surface water monitoring shall be conducted to detect accidental discharge of construction related pollutants (e.g., oil, grease, turbidity plume, or uncured concrete). 2. Accidental Discharges/Noncompliance: Upon occurrence of an accidental discharge of hazardous materials or a violation of compliance with a water quality standard, Santa Ana Water Board staff may require water quality monitoring based on the discharge constituents and/or related water quality objectives and beneficial uses. 3. In -Water Work or Diversions. For projects involving planned work in water or stream diversions, a water quality monitoring plan shall be submitted to Santa Ana Water Board staff for acceptance at least 30 days in advance of any discharge to the affected water body. Water quality monitoring shall be conducted in accordance with the approved plan. 4. Post -Construction. The Permittee shall visually inspect the Project site during the rainy season for 5 years to ensure excessive erosion, stream instability, or other water quality pollution is not occurring in or downstream of the Project site. If water quality pollution is occurring, contact the Santa Ana Water Board staff member overseeing the Project within three (3) working days. The Santa Ana Water Board may require the submission of a Violation of Compliance with Water Quality Standards Report. Additional permits may be required to carry out any necessary site remediation. Page 9 of 15 Big Canyon Coastal Habitat Restoration Project Phase 2A Reg. Meas. ID: 424888 SARWQCB WDID # 302018-13 Place ID: 850582 D. Standards 1. This Certification will remain valid until the USACE 2017 Nationwide Permits expire on March 18, 2022, or through an extended period beyond the expiration date that is authorized in writing by the USACE. 2. This Order is subject to modification or revocation upon administrative or judicial review, including review and amendment pursuant to Water Code section 13330 and California Code of Regulations, title 23, chapter 28, Article 6 commencing with sections 3867- 3869, inclusive. Additionally, the Santa Ana Water Board reserves the right to suspend, cancel, or modify and reissue this Order, after providing notice to the Permittee, if the Santa Ana Water Board determines: that the Project fails to comply with any of the conditions of this Order; or, when necessary to implement any new or revised water quality standards and implementation plans adopted or approved pursuant to the Porter - Cologne Water Quality Control Act (Wat. Code, § 13000 et seq.) or federal Clean Water Act section 303 (33 U.S.C. § 1313). For purposes of Clean Water Act section 401(d), the condition constitutes a limitation necessary to assure compliance with water quality standards and appropriate requirements of State law. 3. This Order is not intended and shall not be construed to apply to any activity involving a hydroelectric facility requiring a Federal Energy Regulatory Commission (FERC) license or an amendment to a FERC license, unless the pertinent certification application was filed pursuant to subsection 3855(b) of chapter 28, title 23 of the California Code of Regulations, and that application specifically identified that a FERC license or amendment to a FERC license for a hydroelectric facility was being sought. 4. This Order is conditioned upon total payment of any fee required under title 23 of the California Code of Regulations and owed by the Permittee. 5. In the event of any violation or threatened violation of the conditions of this Order, the violation or threatened violation shall be subject to any remedies, penalties, processes, or sanctions as provided for under State and federal law. For purposes of Clean Water Act, section 401(d), the applicability of any State law authorizing remedies, penalties, processes, or sanctions for the violation or threatened violation constitutes a limitation necessary to assure compliance with the water quality standards and other pertinent requirements incorporated into this Order. E. General Compliance 1. Failure to comply with any condition of this Order shall constitute a violation of the Porter -Cologne Water Quality Control Act and the Clean Water Act. The Permittee and/or discharger may then be subject to administrative and/or civil liability pursuant to Water Code section 13385. 2. If the conditions of this Order are changed, any of the criteria or conditions as previously described are not met, or new information becomes available that indicates a water quality problem, the Santa Ana Water Board may require that the Permittee submit a Report of Waste Discharge and obtain Waste Discharge Requirements. Page 10 of 15 Big Canyon Coastal Habitat Restoration Project Phase 2A Reg. Meas. ID: 424888 SARWQCB WDID # 302018-13 Place ID: 850582 3. Permitted actions shall not cause a violation of any applicable water quality standards, including impairment of designated beneficial uses for receiving waters, as adopted in the Basin Plan and subsequent Basin Plan Amendments or in any applicable State Water Resources Control Board water quality control plan or policy. The source of any such discharge shall be eliminated as soon as practicable. 4. In response to a suspected violation of any condition of this Order, the Santa Ana Water Board may require the holder of this Order to furnish, under penalty of perjury, any technical or monitoring reports the Santa Ana Water Board deems appropriate, provided that the burden, including costs, of the reports bear a reasonable relationship to the need for the reports and the benefits to be obtained from the reports. The additional monitoring requirements ensure that permitted discharges and activities comport with any applicable effluent limitations, water quality standards, and/or other appropriate requirement of state law. 5. The Permittee shall, at all times, fully comply with engineering plans, specifications, and technical reports submitted to support this Order and all subsequent submittals required as part of this Order. The conditions within this Order and Attachments supersede conflicting provisions within Permittee submittals. 6. This Order and all of its conditions contained herein continue to have full force and effect regardless of the expiration or revocation of any federal license or permit issued for the Project. For purposes of Clean Water Act, section 401(d), this condition constitutes a limitation necessary to assure compliance with the water quality standards and other pertinent requirements of State law. F. Construction General Permit Requirement. The Permittee shall maintain compliance with conditions described in, and required by, NPDES General Permit for Storm Water Discharges Associated with Construction and Land Disturbance Activities (Order No. 2009-0009-DWQ; NPDES No. CAS000002) and any subsequent approvals. G. Administrative 1. Signatory requirements for all document submittals required by this Order are presented in Attachment C of this Order. 2. This Order does not authorize any act that results in the taking of a threatened, endangered, or candidate species, or any act that is now prohibited or becomes prohibited in the future under either the California Endangered Species Act (Fish & G. Code, § 2050-2097) or the federal Endangered Species Act (16 U.S.C. § 1531-1544). If a "take" will result from any act authorized under this Order held by the Permittee, the Permittee shall obtain authorization for the take prior to any construction or operation of the portion of the Project that may result in a take. The Permittee is responsible for meeting all requirements of the applicable endangered species act for the Project authorized under this Order. Page 11 of 15 Big Canyon Coastal Habitat Restoration Project Phase 2A Reg. Meas. ID: 424888 SARWQCB WDID # 302018-13 Place ID: 850582 3. The Permittee shall grant Santa Ana Water Board staff or an authorized representative (including an authorized contractor acting as a Water Board representative), upon presentation of credentials and other documents as may be required by law, permission to: 1. Enter upon the Project or compensatory mitigation site(s) premises where a regulated facility or activity is located or conducted, or where records are kept; 2. Have access to and copy any records that are kept and are relevant to the Project or the requirements of this Order; 3. Inspect any facilities, equipment (including monitoring and control equipment), practices, or operations regulated or required under this Order; 4. Sample or monitor for the purposes of assuring Order compliance. 4. A copy of this Order shall be provided to any consultants, contractors, and subcontractors working on the Project. Copies of this Order shall remain at the Project site for the duration of this Order. The Permittee shall be responsible for work conducted by its consultants, contractors, and any subcontractors. 5. A copy of this Order shall be available at the Project site(s) during construction for review by site personnel and agencies. All personnel performing work on the Project shall be familiar with the content of this Order and its posted location at the Project site. 6. Lake and Streambed Alteration Agreement — The Permittee shall submit a signed copy of the California Department of Fish and Wildlife's lake and streambed alteration agreement to the Santa Ana Water Board immediately upon execution and prior to any discharge to waters of the State. H. Construction 1. Construction General Permit Requirement. The Permittee shall maintain compliance with conditions described in, and required by, NPDES General Permit for Storm Water Discharges Associated with Construction and Land Disturbance Activities (Order No. 2009-0009-DWQ; NPDES No. CAS000002) and any subsequent approvals. 2. Dewatering: Construction dewatering discharges, including temporary stream diversions necessary to carry out the Project, are subject to regulation by Santa Ana Water Board Order No. R8 2015-0004, General Waste Discharge Requirements for Discharges to Surface Waters that Pose an Insignificant (De Minimis) Threat to Water Quality. For more information, please review Order No. R8-2015-0004 at: https://www.waterboards.ca.gov/santaana/board decisions/adopted orders/orders/2015 orders.html. 3. Good Site Management "Housekeeping": a. A Storm Water Pollution Prevention Plan (SWPPP) shall be developed by the construction contractor prior to Project implementation. The SWPPP shall include Page 12 of 15 Big Canyon Coastal Habitat Restoration Project Phase 2A SARWQCB WDID # 302018-13 Reg. Meas. ID: 424888 Place ID: 850582 measures to prevent sediment from entering the watercourse during construction. b. Effective perimeter control BMPs shall be in place at all times to control the discharge of pollutants from the Project site during construction. Construction waste shall be contained and protected against wind and exposure to storm water at all times, unless being actively handled. Chemical, fuel, and lubricant containers shall be kept closed and protected from damage or upset at all times, unless being actively used. Dirt and landscaping material stockpiles shall have effective erosion control BMPs in place to prevent their transport in storm water or directly into the channel and shall not be located in any Waters of the United States. Discharges of wastewater from the Project site are prohibited. C. Substances resulting from Project -related activities and that could be harmful to aquatic life shall not be discharged to soils or waters of the State. These substances include but are not limited to petroleum lubricants and fuels, cured and uncured cements, epoxies, paints and other protective coating materials, Portland cement concrete or asphalt concrete, and washings and cuttings thereof. All waste concrete shall be removed from the Project site. d. Motorized equipment shall not be maintained or parked in or near any stream crossing, channel, or lake margin in such manner that petroleum products or other pollutants from the equipment might enter these areas under any flow conditions. Vehicles shall not be driven, or equipment shall not be operated on- site in waters of the State onsite, except as necessary to complete the proposed Project. c. Prior to construction activities, the Permittee shall delineate the work area with brightly colored fencing or other methods to ensure temporary impacts to WOTUS and waters of the State do not exceed the limits authorized in this Certification. 4. Hazardous Materials: During construction activities, the Permittee shall comply with local, State, and federal laws and regulations regarding the handling and storage of hazardous substances. 5. Invasive Species and Soil Borne Pathogens: BMPs to stabilize disturbed soils shall include the use of native plant species whenever feasible. 6. Storm Water: The Project shall comply with the local regulations associated with the Santa Ana Water Board's Municipal Stormwater Permit issued to Orange County and co -permittees under NPDES No. CAS618030 and Waste Discharge Requirements Order No. R8-2010-0030, and subsequent iterations thereof. I. Total Maximum Daily Load (TMDL) The Permittee shall not cause or contribute to the elevation of the Total Maximum Daily Load allocations to the Upper Newport Bay (Ecological Reserve) for the following established contaminants: Siltation Copper Indicator Bacteria Nutrients Diazinon and Chlorpyrifos Organochlorine Compounds metals Page 13 of 15 Big Canyon Coastal Habitat Restoration Project Phase 2A Reg. Meas. ID: 424888 SARWQCB WDID # 302018-13 Place ID: 850582 J. Mitigation for Temporary Impacts 1. The Permittee shall restore all areas of temporary impacts to waters of the State and all Project site upland areas of temporary disturbance which could result in a discharge of waters of the State as described in a restoration plan. The restoration plan shall be submitted for written acceptance by Santa Ana Water Board staff within ninety days (90) of issuance of this Order. The restoration plan shall provide the following: a schedule; plans for grading of disturbed areas to pre -project contours; planting palette with plant species native to the Project area; seed collection location; invasive species management; performance standards; and maintenance requirements (e.g., watering, weeding, and replanting). 2. The Santa Ana Water Board may extend the monitoring period beyond requirements of the restoration plan upon a determination by Santa Ana Water Board Executive Officer that the performance standards have not been met or are not likely to be met within the monitoring period. K. Certification Deviation Minor modifications of Project locations or predicted impacts may be necessary as a result of unforeseen field conditions, necessary engineering re -design, construction concerns, or similar reasons. Some of these prospective Project modifications may have impacts on water resources. For purposes of this Certification, a Certification Deviation is a Project locational or impact modification that does not require an immediate amendment of the Order, because the Santa Ana Water Board has determined that any potential water resource impacts that may result from the change are sufficiently addressed by the Order conditions and the CEQA Findings. After the termination of construction, this Order will be formally amended to reflect all authorized Certification Deviations and any resulting adjustments to the amount of water resource impacts and required compensatory mitigation amounts. 2. A Project modification shall not be granted a Certification Deviation if it warrants or necessitates changes that are not addressed by the Order conditions or the CEQA environmental document such that the Project impacts are not addressed in the Project's environmental document or the conditions of this Order. In this case a supplemental environmental review and different Order will be required. XII. Water Quality Certification I hereby issue the Order (SARWQCB WDID # 302018-13) for the Big Canyon Coastal Habitat Restoration and Adaptation Project, Phase 2A. This Order certifies that any discharge from the referenced Project will comply with the applicable provisions of Clean Water Act sections 301 (Effluent Limitations), 302 (Water Quality Related Effluent Limitations), 303 (Water Quality Standards and Implementation Plans), 306 (National Standards of Performance), and 307 (Toxic and Pretreatment Effluent Standards), as long as all of the conditions listed in the Order are met. This discharge is also regulated pursuant to State Water Board Water Quality Order No. 2003- 0017-DWQ which authorizes this Order to serve as Waste Discharge Requirements Pursuant to the Porter -Cologne Water Quality Control Act (Water Code, § 13000 et seq.). Page 14 of 15 Big Canyon Coastal Habitat Restoration Project Phase 2A Reg. Meas. ID: 424888 SARWQCB WDID # 302018-13 Place ID: 850582 Except insofar as may be modified by any preceding conditions, all Order actions are contingent on: (a) the discharge being limited and all proposed mitigation being completed in strict compliance with the conditions of this Order and the attachments to this Order; and (b) compliance with all applicable requirements of Statewide Water Quality Control Plans and Policies and the Santa Ana Water Board's Basin Plan and Policies. 4�i 1&�& — !;�zry Hope A. 8—m-y-IF6 I Date Executive Officer Santa Ana Water Quality Control Board Attachment A Project Map Attachment B Report and Notification Requirements Attachment C Signatory Requirements Page 15 of 15 Big Canyon Coastal Habitat Restoration Phase 2A Reg. Meas.ID: #424888 Attachment A SARWQCB WDID #302018-13 Place ID: #850582 r'4 ut t e SOURCE USOS?S' Tape Owed NOWW, Basrh 1977 Big Caryan Restaabon- Phase 211 r ESA Project Wiraty J Page 1 of 2 Big Canyon Coastal Habitat Restoration Phase 2A Reg. Meas.ID: #424888 Attachment A SARWQCB WDID #302018-13 Place ID: #850582 0Project Site • OHWM Data Point `• Wetland Data Pont Y` Phot PoinUDirection USACEIRWQCB Jurisdiction ® USACE/RWQC Nonvmdand Waters (2.93 acres, 388 linear Meet) ® USACEIRWQCB Wetlands (6.13 acres,1,234 blew feet) Vegetation Communities/Land Cover Types Pepper Tree Grove Bare Ground _ .. Alkali Heath Marsh Alliance Freshwater Marsh Menzies' Goldenbush Scrub Alliance Mixed Arroyo WilowRepper Tree Grove SOURCE ESRr: DOW Glabe 10211201e: ESA Big Canyon Restoration - Phase?. I' ISA J Page 2 of 2 USACEIRWQCB Jurisdiction Big Canyon Coastal Habitat Restoration Phase 2A Reg. Meas. ID: #424888 Attachment B SARWQCB WDID #302018-13 Place ID: #850582 Copies of this Form —11 In order to identify your Project, it is necessary to include a copy of the Project -specific Cover Sheet below with your report. Please retain for your records. If you need to obtain a blank copy of the Cover Sheet you may download it from https:/twww.waterboards.ca.gov/santaana/water issues/programs/401 certification/ (go down to Resources for Applicants and select Report Notification Cover Sheet). Report Submittal Instructions 1. Check the box on the Report and Notification Cover Sheet next to the report or notification you are submitting. • Part A (Annual Report): This report shall be submitted annually from the anniversary of Project effective date until a Notice of Project Complete Letter is issued. • Part B (Project Status Notifications): Used to notify the Santa Ana Water Board of the status of the Project schedule that may affect Project billing. • Part C (Conditional Notifications and Reports): Required on a case-by-case basis for accidental discharges of hazardous materials, violation of compliance with water quality standards, notification of in -water work, or other reports. 2. Sign the Report and Notification Cover Sheet and attach all information requested for the Report Type. 3. Electronic Report Submittal Instructions: • Submit signed Report and Notification Cover Sheet and required information via email to: RB -401 Reporting (a waterboards.ca.gov • Include in the subject line of the email: Subject: ATTN: Big Canyon Coastal Habitat Restoration Phs 2; Reg. Measure ID: 424888 Report. Definition of Reporting Terms 1. Active Discharge Period: The active discharge period begins with the effective date of this Order and ends on the date that the Permittee receives a Notice of Completion of Discharges Letter or, if no post - construction monitoring is required, a Notice of Project Complete Letter. The Active Discharge Period includes all elements of the Project, including site construction and restoration, and any Permittee responsible compensatory mitigation construction. 2. Request for Notice of Completion of Discharges Letter: This request by the Permittee to the Santa Ana Water Board staff pertains to projects that have post construction monitoring requirements (e.g., if site restoration were required to be monitored for five (5) years following construction). Santa Ana Water Board staff will review the request and send a Completion of Discharges Letter to the Permittee upon approval. This letter will initiate the post -discharge monitoring period and a change in fees from the annual active discharge fee to the annual post -discharge monitoring fee. 3. Request for Notice of Project Complete Letter: This request by the Permittee to the Santa Ana Water Board staff pertains to projects that either have completed post -construction monitoring and achieved performance standards, or have no post -construction monitoring requirements and no further Project Page 1 of 9 Big Canyon Coastal Habitat Restoration Phase 2A Reg. Meas. ID: #424888 Attachment B SARWQCB WDID #302018-13 Place ID: #850582 activities are planned. Santa Ana Water Board staff will review the request and send a Project Complete Letter to the Permittee upon approval. Termination of annual invoicing of fees will correspond with the date of this letter. 4. Post -Discharge Monitoring Period: The post -discharge monitoring period begins on the date of the Notice of Completion of Discharges Letter and ends on the date of the Notice of Project Complete Letter issued by the Santa Ana Water Board staff. The Post -Discharge Monitoring Period includes continued water quality monitoring or compensatory mitigation monitoring. 5. Effective Date: Date of Order issuance. Map/Photo Documentation Information When submitting maps or photos, please use the following formats. --------------------------------------------------------------------------------------------------------------------------------------------- 1. Map Format Information: Preferred map formats of at least 1:24000 (1" = 2000') detail (listed in order of preference): • GIS shapefiles: The shapefiles shall depict the boundaries of all Project areas and extent of aquatic resources impacted. Each shape should be attributed with the extent/type of aquatic resources impacted. Features and boundaries should be accurate to within 33 feet (10 meters). Identify datum/projection used and, if possible, provide map with a North American Datum of 1983 (NAD83) in the California Teale Albers projection in feet. • Google KML files saved from Google Maps: My Maps or Google Earth Pro. Maps shall show the boundaries of all Project areas and extent/type of aquatic resources impacted. Include URL(s) of maps. If this format is used, include a spreadsheet with the object ID and attributed with the extent/type of aquatic resources impacted. • Other electronic format (CAD or illustration format) that provides a context for location (inclusion of landmarks, known structures, geographic coordinates, or USGS DRG or DOQQ). Maps shall show the boundaries of all Project areas and extent/type of aquatic resources impacted. If this format is used, include a spreadsheet with the object ID and attributed with the extent/type of aquatic resources impacted. • Aquatic resource maps marked on paper USGS 7.5 -minute topographic maps or Digital Orthophoto Quarter Quads (DOQQ) printouts. Maps shall show the boundaries of all Project areas and extent/type of aquatic resources impacted. If this format is used, include a spreadsheet with the object ID and attributed with the extent/type of aquatic resources impacted. 2. Photo -Documentation: Include a unique identifier, date stamp, written description of photo details, and latitude/longitude (in decimal degrees) or map indicating location of photo. Successive photos should be taken from the same vantage point to compare re/post construction conditions. Page 2 of 9 Big Canyon Coastal Habitat Restoration Phase 2A Reg. Meas. ID: #424888 Attachment B SARWQCB WDID #302018-13 Place ID: #850582 III REPORT AND NOTIFICATION COVER SHEET III III Project: Big Canyon Coastal Habitat Restoration Phase 2A III Permittee: Newport Bay Conservancy SARWQCB WDID: 302018-13 Reg. Meas. ID: 424888 Place ID: 850582 III Order Effective Date: May 7, 2019 III Page 3 of 9 Report Type Submitted Report Type 1 ❑Annual Report Report Type ❑Commencement of Construction -2 ----------------------------------------------------------------------------------------------------------------- Report Type -3 -------------------------------------------------------Notice--------------------------------------------------------- 0- -- Request for of Completion of Discharges Letter - ReportType 4 ❑ Request for Notice of Project Complete Letter Report Type 5 0--Accidental-Discharge-of Hazardous -Material- Report Report Type_6 _ ❑Violation of Compliance with Water Quality_Standards Report_______________ Report Type -7 --------------------------------------------------------------------------------------------------------------------------------------------- ❑ In -Water Work and Diversions Water Quality Monitoring Report Report Type -8 ----------------------------------------------------------------------------------------------------------------------------------------- ❑Modifications -to Project Report -- Report Type 9 If ------------ Transfer of Property Ownership Report ------------------------------------------------------------------------------------------------ ReportType 10 ❑ Report Transfer of Long -Term Best Management Practices (BMPs) Maintenance Page 3 of 9 Page 3 of 9 Big Canyon Coastal Habitat Restoration Phase 2A Reg. Meas. ID: #424888 Attachment B SARWQCB WDID #302018-13 Place ID: #850582 "I certify under penalty of law that I have personally examined and am familiar with the information submitted in this document and all attachments and that, based on my inquiry of those individuals immediately responsible for obtaining the information, I believe that the information is true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment." Print Name Affiliation and Job Title Signature Date 'STATEMENT OF AUTHORIZATION (include if authorization has changed since application was submitted) I hereby authorize to act in my behalf as my representative in the submittal of this report, and to furnish upon request supplemental information in support of this submittal. Permittee's Signature Date *This Report and Notification Cover Sheet must be signed by the Permittee or a duly authorized representative and included with all written submittals. Page 4 of 9 Big Canyon Coastal Habitat Restoration Phase 2A Reg. Meas. ID: #424888 Attachment B SARWQCB WDID #302018-13 Place ID: #850582 Part A — Project Reporting Report Type 1 Annual Report Report Purpose Notify the Santa Ana Water Board staff of Project status during both the active discharge and post -discharge monitoring periods. When to Submit Annual reports shall be submitted each year by effective date. Annual reports shall continue until a Notice of Project Complete Letter is issued to the Permittee. Report Contents The contents of the annual report shall include the topics indicated below for each Project period. Report contents are outlined in Annual Report Topics below. During the Active Discharge Period • Topic 1: Construction Summary • Topic 2: Mitigation for Temporary Impacts Status • Topic 3: Compensatory Mitigation for Permanent Impacts Status During the Post -Discharge Monitoring Period • Topic 2: Mitigation for Temporary Impacts Status • Topic 3: Com ensato Miti ation for Permanent Im acts Status ReportAnnual Topics Annual Report Topic 1 Construction Summary When to Submit With the annual report during the Active Discharge Period. Report Contents 1. Project progress and schedule, including initial ground disturbance, site clearing and grubbing, road construction, site construction, and the implementation status of construction storm water BMPs. If construction has not started, provide estimated start date and reasons for delay. 2. Map showing general Project progress. 3. If applicable: a. Summary of Conditional Notification and Report Types 6 and 7 (Part C below). b. Summary of Certification Deviations. Annual Report Topic 2 Mitigation for Temporary Impacts Status When to Submit With the annual report during both the Active Discharge Period and Post - Discharge Monitoring Period. Report Contents 1. Planned date of initiation and map showing locations of mitigation for temporary impacts to waters of the State and all upland areas of temporary disturbance which could result in a discharge to waters of the State. 2. If mitigation for temporary impacts has already commenced, provide a map and information concerning attainment of performance standards contained Page 5 of 9 Big Canyon Coastal Habitat Restoration Phase 2A Reg. Meas. ID: #424888 Attachment B SARWQCB WDID #302018-13 Place ID: #850582 Part B — Project Status Notifications Report Type 2 in the restoration plan. Annual Report Topic 3 Compensatory Mitigation for Permanent Impacts Status When to Submit With the annual report during both the Active Discharge Period and Post - Discharge Monitoring Period. Report Contents *If not applicable report N/A. Part A. Permittee Responsible Report Contents 1. Planned date of initiation of compensatory mitigation site installation. 2. If installation is in progress, a map of what has been completed to date. 3. If the compensatory mitigation site has been installed, provide a final map and information concerning attainment of performance standards contained in the compensatory mitigation plan. Part B. Mitigation Bank or In -Lieu Fee (ILF) 1. Status or proof of purchase of credit types and quantities. 2. Include the name of bank/ILF Program and contact information. 3. If ILF, location of project and type if known. Part B — Project Status Notifications Report Type 2 Commencement of Construction Report Purpose Notify Santa Ana Water Board staff prior to the start of construction. When to Submit Must be received at least seven (7) days prior to start of initial ground disturbance activities. Report Contents 1. Date of commencement of construction. 2. Anticipated date when discharges to waters of the State will occur. Report Contents 3. Project schedule milestones, including a schedule for onsite compensatory mitigation, if applicable. Report Type 3 Request for Notice of Completion of Discharges Letter Report Purpose Notify Santa Ana Water Board staff that post -construction monitoring is required and that active Project construction, including any mitigation and permittee responsible compensatory mitigation, is complete. When to Submit Must be received by Santa Ana Water Board staff within thirty (30) days following completion of all Project construction activities. Report Contents 1. Status of storm water Notice of Termination(s), if applicable. 2. Status of post -construction storm water BMP installation. 3. Pre- and post -photo documentation of all Project activity sites where the discharge of dredge and/or fill/excavation was authorized. 4. Summary of Certification Deviation discharge quantities compared to initial Page 6 of 9 Big Canyon Coastal Habitat Restoration Phase 2A Reg. Meas. ID: #424888 Attachment B SARWQCB WDID #302018-13 Place ID: #850582 authorized impacts to waters of the State, if applicable. 5. An updated monitoring schedule for mitigation for temporary impacts to waters of the State and Permittee responsible compensatory mitigation during the post -discharge monitoring period, if applicable. Report Type 4 Request for Notice of Project Complete Letter Report Purpose Notify Santa Ana Water Board staff that construction and/or any post - construction monitoring is complete, or is not required, and no further Project When to Submit activity is planned. When to Submit Must be received by Santa Ana Water Board staff within thirty (30) days Report Contents following completion of all Project activities. Report Contents Part A: Mitigation for Temporary Impacts 1. A report establishing that the performance standards outlined in the restoration plan have been met for Project site upland areas of temporary disturbance that could result in a discharge to waters of the State. 2. A report establishing that the performance standards outlined in the restoration plan have been met for restored areas of temporary impacts to waters of the State. Pre- and post -photo documentation of all restoration sites. i Part B: Permittee Responsible Compensatory Mitigation 1. A report establishing that the performance standards outlined in the compensatory mitigation plan have been met. 2. Status on the implementation of the long-term maintenance and management plan and funding of endowment. 3. Pre- and post -photo documentation of all compensatory mitigation sites. 4. Final maps of all compensatory mitigation areas (including buffers). Part C: Post -Construction Storm Water BMPs 1. Date of storm water Notice of Termination(s), if applicable. 2. Report status and functionality of allpost-construction BMPs. Part C — Conditional Notifications and Reports Report Type 5 Accidental Discharge of Hazardous Material Report Report Purpose Notifies Santa Ana Water Board staff that an accidental discharge of hazardous material has occurred. When to Submit Within five (5) working days following the date of an accidental discharge. Continue reporting as required by Santa Ana Water Board staff. Report Contents 1. The report shall include the OES /ncidentlAssessment Form, a full description and map of the accidental discharge incident (i.e., location, time and date, source, discharge constituent and quantity, aerial extent, and photo documentation). If applicable, the OES Written Follow -Up Report may be substituted. 2. If applicable, any required sampling data, a full description of the sampling methods, including frequency/dates and times of sampling, equipment, Page 7of9 Big Canyon Coastal Habitat Restoration Phase 2A Reg. Meas. ID: #424888 Attachment B SARWQCB WDID #302018-13 Place ID: #850582 locations of sampling sites. 3. Locations and construction specifications of any barriers, including silt curtains or diverting structures and any associated trenching or anchoring. Report Type 6 Violation of Compliance with Water Quality Standards Report Report Purpose Notifies Santa Ana Water Board staff that a violation of compliance with water When to Submit quality standards has occurred. When to Submit The Permittee shall report any event that causes a violation of water quality When to Submit standards within three (3) working days of the noncompliance event notification to Santa Ana Water Board staff. Report Contents The report shall include: the cause; the location shown on a map; and the Report Contents period of the noncompliance, including exact dates and times. If the noncompliance has not been corrected, include: the anticipated time it is expected to continue; the steps taken or planned to reduce, eliminate, and prevent reoccurrence of the noncompliance; and any monitoring results, if required by Santa Ana Water Board staff. Report Type 7 In -Water Work and Diversions Water Quality Monitoring Report Report Purpose Notifies Santa Ana Water Board staff of the completion of in -water work. When to Submit Within three (3) working days following the completion of in -water work. Continue reporting in accordance with the approved water quality monitoring Ian. Report Contents As required by the approved water quality monitoring plan. Report Type 8 Modifications to Project Report Report Purpose Notifies Santa Ana Water Board staff if the Project, as described in the When to Submit application materials, is altered in any way or by the imposition of subsequent Report Contents permit conditions by any local, State, or federal regulatory authority. When to Submit If Project implementation as described in the application materials is altered in any way or by the imposition of subsequent permit conditions by any local, State, or federal regulatory authority. Report Contents A description and location of any alterations to Project implementation. Identification of any Project modifications that will interfere with the Permittee's compliance with the Order. - Report Type 9 Transfer of Property Ownership Report Report Purpose Notifies Santa Ana Water Board staff of change in ownership of the Project or Permittee -responsible mitigation area. When to Submit At least 10 working days prior to the transfer of ownership. Report Contents 1. A statement that the Permittee has provided the purchaser with a copy of this Order and that the purchaser understands and accepts: Page 8of9 Big Canyon Coastal Habitat Restoration Phase 2A Reg. Meas. ID: #424888 Attachment B SARWQCB WDID #302018-13 Place ID: #850582 a. the Order's requirements and the obligation to implement them or be subject to administrative and/or civil liability for failure to do so; and b. responsibility for compliance with any long-term BMP' maintenance plan requirements in this Order. 2. A statement that the Permittee has informed the purchaser to submit a written request to the Santa Ana Water Board to be named as the permittee in a revised order. Report Type 10 Transfer of Long -Term BMP Maintenance Report Report Purpose Notifies Santa Ana Water Board staff of transfer of long-term BMP maintenance responsibility. When to Submit At least 10 working days prior to the transfer of BMPs maintenance responsibility. Report Contents A copy of the legal document transferring maintenance responsibility of post - construction BMPs. 1 Best Management Practices (BMPs) is a term used to describe a type of environmental or water pollution control. Page 9 of 9 Big Canyon Coastal Habitat Restoration Phase 2A Reg. Meas. ID: #424888 Attachment C SARWQCB WDID #302018-13 Place ID: #858582 SIGNATORY REQUIREMENTS All Documents Submitted /n Compliance With This Order Shall Meet The Following Signatory Requirements: 1. All applications, reports, or information submitted to the Santa Ana Regional Water Quality Control Board (Santa Ana Water Board) shall be signed and certified as follows: a) For a corporation, by a responsible corporate officer of at least the level of vice-president. b) For a partnership or sole proprietorship, by a general partner or proprietor, respectively. c) For a municipality, or a State, federal, or other public agency, by either a principal executive officer or ranking elected official. 2. A duly authorized representative of a person designated in items 1.a through 1.c above may sign documents if: a) The authorization is made in writing by a person described in items 1.a through 1.c above. b) The authorization specifies either an individual or position having responsibility for the overall operation of the regulated activity. c) The written authorization is submitted to the Santa Ana Water Board staff contact prior to submitting any documents listed in item 1 above. 3. Any person signing a document under this section shall make the following certification: "I certify under penalty of law that I have personally examined and am familiar with the information submitted in this document and all attachments and that, based on my inquiry of those individuals immediately responsible for obtaining the information, I believe that the information is true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment." Page 1 of 1 Notification #1600-2018-0235-R5 Streambed Alteration Agreement Page 1 of 29 CALIFORNIA DEPARTMENT OF FISH AND WILDLIFE SOUTH COAST REGION 5 3883 RUFFIN ROAD SAN DIEGO, CALIFORNIA 92123 ' LAKE AND STREAMBED ALTERATION AGREEMENT NOTIFICATION No. 1600-2018-0235-R5 Big Canyon Creek Tributary to Upper Newport Back Bay CITY OF NEWPORT BEACH BIG CANYON COASTAL HABITAT RESTORATION AND ADAPTATION PROJECT PHASE 2A This Lake and Streambed Alteration Agreement (Agreement) is entered into between the California Department of Fish and Wildlife (CDFW) and the City of Newport Beach (Permittee) as represented by Robert Stein. RECITALS WHEREAS, pursuant to Fish and Game Code (FGC) section 1602, Permittee notified CDFW on November 05, 2018, that Permittee intends to complete the project described herein. WHEREAS, pursuant to FGC section 1603, CDFW has determined that the project could substantially adversely affect existing fish or wildlife resources and has included measures in the Agreement necessary to protect those resources. WHEREAS, Permittee has reviewed the Agreement and accepts its terms and conditions, including the measures to protect fish and wildlife resources. NOW THEREFORE, Permittee agrees to complete the project in accordance with the Agreement. PROJECT LOCATION The project is located within the Big Canyon Nature Park and includes a segment of Big Canyon Creek, a tributary to Upper Newport Bay, in the County of Orange, State of California; Latitude 33.630890, Longitude -117.880724. The Project is located in the City of Newport Beach, east of Upper Newport Bay and west of Jamboree Road, on the U.S. Geological Survey (USGS) Newport Beach 7.5 minute series quadrangle topographic map. Notification #1600-2018-0235-R5 Streambed Alteration Agreement Page 2 of 29 PROJECT DESCRIPTION This phase of the Big Canyon Coastal Habitat Restoration and Adaptation Project involves restoration of the area straddling Big Canyon Creek identified as Phase 2A as shown on the project phasing map (Exhibit A). The purpose of the proposed project is to remove and replace existing invasive exotic vegetation, stabilize the creek banks and restore connectivity with the floodplain, restore riparian habitat and create a mosaic of native and resilient habitats that promote biodiversity and healthy ecosystems, and enhance public access and education with improved trails and closure of illegal trails. Patches of non-native Brazilian pepper tree groves cover approximately 6.33 acres of the 11.32 -acre subject project area. Brazilian pepper trees also occur intermixed with willows and other native vegetation in patch areas amounting to another 2.9 acres. The project proposes the removal of Brazilian pepper trees from the project area. These areas will then be fine -graded and depressions from tree and root removal filled in with soils from stream restoration activities and native plants established. The Phase 2A area is characterized by high -salinity soils. A mosaic of habitats including wet and high alkali meadow communities will be created that are adapted to higher salinity soils. The proposed project restoration will address impacts due to erosion that have resulted in un -vegetated channels and loss of connectivity between the channel and floodway. Segments of the creek that are locally incised, or too steep to support vegetation, will be graded to create floodplain benches and flatter slopes from the benches to better connect the channel to the floodplain. Disturbed banks will be graded to connect with the floodplain or stabilized using bio -engineering techniques. AUTHORIZED ACTIVITIES 1) Selective clearing, grubbing, and removal of Brazilian pepper trees within the Phase 2A project area. Project activities are expected to last 10 weeks. Manual and mechanical removal will occur. Work will be conducted using trimmers, brush cutters, chippers, excavators, and backhoes. The material will be removed from the site via haul trucks and stockpiled in a designated area as shown in the Access and Staging Plan (Exhibit B) before being disposed off-site at an appropriate disposal facility authorized to accept this type of material. A small excavator or backhoe will be used to grub out the top 2 feet of surface material to extract the existing Brazilian pepper tree root mass. 2) Grading and recontouring of the existing channel within the Phase 2A project area to restore connectivity with the flood plain. Along the incised segments that total approximately 680 linear feet, the existing channel bank Notification #1600-2018-0235-R5 Streambed Alteration Agreement Page 3 of 29 will be excavated to create floodplain benches approximately 30 feet from the existing banks, and the slope from the bench pulled back to a maximum 3:1 slope to provide connectivity between the channel and floodway, and to support vegetation. Earthwork is anticipated to create floodplain benches (where applicable) and to pull back the creek channel banks to create gentler slopes to achieve improved connectivity between the channel and floodplain. Materials excavated and pulled back from the banks will be used for bank stabilization and reconstruction that includes vegetated soil lifts created by the removal of pepper trees and their root systems along the channel banks. These fine -grading activities will be limited to the channel segments within the pepper tree removal areas. The total earthwork cut volume is anticipated to be approximately 2,500-5,500 cubic yards. (Exhibit B) 3) Restoration of impacted areas. The cleared and graded areas will be restored with native coastal vegetation that provides a mosaic of woody and herbaceous riparian vegetation along the creek corridor, wet alkali, and high alkali meadow communities adjacent to the riparian corridor, and coastal sage scrub upland transitional habitat within higher elevation sections. Construction equipment will include, but is not be limited to, mechanical equipment such as a roller compactor, articulated trucks, bulldozers, water truck, fuel truck, maintenance truck, brush chipper/shredders, and chain saws. PROJECT IMPACTS Existing fish or wildlife resources the project may affect based on information received from the Permittee include: Amphibians: Western toad (Bufo boreas), California chorus frog (Pseudacris cadaverina); Reptiles: Common side -blotch lizard (Uta stansburiana), western fence lizard (Sceloporus occidentalis), two -striped garter snake (Thamnophis hammondii), California legless lizard (Anniella pulchra), coast western whiptail (Aspidoscelis tigris stejnegen), coast patch -nosed snake (Salvodora hexalepis), and numerous other reptile species; Birds: mallard (Anas platyrhynchos), California quail (Callipepla californica), coastal California gnatcatcher (Polioptila californica californica), bald eagle (Haliaeetus leucocephalus), Cooper's hawk (Accipiter cooperii), red - shouldered hawk (Buteo lineatus), red-tailed hawk (Buteo jamaicensis), killdeer (Charadrius vociferous), rock pigeon (Columba livia), mourning dove (Zenaida macroura), white -throated swift (Aeronautes saxatilis), yellow warbler (Dendroica petechia), yellow -breasted chat (Icteric virens), loggerhead shrike (Lanius ludovicianus), least Bell's vireo (Vireo bel/ii pusillus), belted kingfisher (Megaceryle alcyon), yellow rail (Coturnicops noveboracensis), American kestrel (Falco sparverius), Bewick's wren (Thryomanes beWckii), swallows (Hirundinidae spp.), sparrows (Emberizidae spp.), finches (Fringillidae spp.), wood warblers (Parulidae spp.), and numerous other bird Notification #1600-2018-0235-R5 Streambed Alteration Agreement Page 4 of 29 species; Mammals: pallid bat (Antrozous pallidus), big brown bat (Eptesicus fuscus), western yellow bat (Lasiurus xanthinus), southern California saltmarsh shrew (Sorex ornatus salicornicus), long-tailed weasel (Mustela frenata), coyote (Canis latrans), bobcat (Lynx rufus), desert cottontail (Sylvilagus audubonii), striped skunk (Mephitis mephitis), gray fox (Urocyon cinereoargenteus), and numerous other mammal species; Native Plants: Southern tarplant, black willow thickets, mulefat thickets, riparian herbaceous vegetation, buckwheat sp. (Eriogonum sp.), Catalina crossosoma (Crossosoma californicum), coastal sage scrub (Coreopsis gigantea spp.), and all other aquatic and wildlife resources in the area, including the riparian vegetation that provides habitat for such species in the area. The adverse effects the project could have on the fish and/or wildlife resources identified above include: loss of natural bed or bank, relocation of stream or channel; change in contour of bed, channel or bank; change in gradient of bed, channel, or bank; soil compaction or other disturbance to soil layer; short-term release of contaminants (e.g. incidental from construction); loss or decline of riparian habitat; decline of vegetative diversity; colonization by exotic plant or animal species; loss or decline of instream channel habitat; loss or decline of instream woody material; change to, loss or decline of natural bed substrate; pits and trenches that can capture terrestrial organisms; disruption to nesting birds and other wildlife; direct take of terrestrial species; disturbance from project activities; loss of connectivity; loss of connection to hyporheic zone; loss or impediment of terrestrial animal species travel routes due to temporary structures (e.g., survey tape, sandbags, erosion protection materials, etc.); change in stream flow (Q); diversion of flow water from, or around, activity site; change in percolation; and impediment to migration of aquatic and terrestrial species. Total Permanent Project Impacts Permanent impacts to 6.83 acres of Brazilian pepper tree grove will occur from vegetation removal, grubbing and grading activities and replanting of the area with a mosaic of appropriate native vegetation. Total Temporary Project Impacts Temporary impacts to 9.19 acres of delineated areas will occur from project activities during clearing and grubbing, and site preparations during the non -breeding season. MEASURES TO PROTECT FISH AND WILDLIFE RESOURCES Administrative Measures Permittee shall meet each administrative requirement described below. Notification #1600-2018-0235-R5 Streambed Alteration Agreement Page 5 of 29 1.1 Documentation at Prosect Site. Permittee shall make the Agreement, any extensions and amendments to the Agreement, and all related notification materials and California Environmental Quality Act (CEQA) documents, readily available at the project site at all times and shall be presented to CDFW personnel, or personnel from another state, federal, or local agency upon request. 1.2 Providing Agreement to Persons at Project Site. Permittee shall provide copies of the Agreement and any extensions and amendments to the Agreement to all persons who will be working on the Project at the project site on behalf of Permittee, including but not limited to contractors, subcontractors, inspectors, and monitors. 1.3 Notification of Conflicting Provisions. Permittee shall notify CDFW if Permittee determines or learns that a provision in the Agreement might conflict with a provision imposed on the project by another local, state, or federal agency. In that event, CDFW shall contact Permittee to resolve any conflict. 1.4 Project Site Entry. Permittee agrees that CDFW personnel may enter the project site at any time to verify compliance with the Agreement. 1.5 Project Initiation and Completion. The Permittee shall notify CDFW, in writing, at least five (5) days prior to Project Initiation and at least five (5) days prior to completion of construction (project) activities. Notification shall be sent to the email address: R5LSACompliance anwildlife.ca.gov, Reference # 1600-2018-0235-R5 and cc: eric.chanA-wildlife.ca.gov. 1.6 Implement as Proposed Unless Directed Differently by Agreement. The agreed work includes activities associated with the Project Location and Project Description that is provided above. Specific work areas and mitigation measures are described on/in the plans and documents submitted by the Permittee with the Notification Package and shall be implemented as proposed unless directed differently by this Agreement. 1.7 Designated Biologist(s). At least fifteen (15) days before initiating ground or vegetation disturbing activities, Permittee shall submit to CDFW for its review and approval a list of biological monitors (Designated Biologists) including their names, qualifications, business address and contact information. CDFW will respond in written format with the disciplines the Designated Biologists are approved to handle (birds, construction monitoring, fish, plants, mammals). The Designated Biologist shall be knowledgeable and experienced in the biology and natural history of local fish and wildlife resources present at the project site including least Bell's vireo (Vireo bellii pusillus), California gnatcatcher (Polioptila californica) and bats. The Designated Biologist shall be responsible for monitoring at specifically Notification #1600-2018-0235-R5 Streambed Alteration Agreement Page 6 of 29 designated locations and conducting other project activities, including, but not limited to, preconstruction surveys and focused surveys. 1.8 Designated Biologist Authority. The Designated Biologist shall have the responsibility to concurrently notify the Permittee and CDFW of any activity that is not in compliance with this Agreement, and/or to recommend to Permittee any reasonable measure to avoid or minimize impacts to fish and wildlife resources. Neither the Designated Biologist nor CDFW shall be liable for any costs incurred as a result of compliance with this measure. This includes cease -work orders issued by CDFW. 1.9 Permitting and Safeguards. Permittee's notification for this Agreement indicated permits/certification were applied for from the Army Corps of Engineers and the Regional Water Quality Control Board, for this project, should such permits/certification be required, a copy shall be submitted to CDFW. 2. Avoidance and Minimization Measures In addition to Permittee -proposed Standard Project Commitments (SPCs) and Best Management Practices (BMP's), Permittee shall implement the following measures during project -related activities, to avoid or minimize adverse impacts to fish and wildlife resources. 2.1 Work Period. Construction work within the project area may occur Monday through Friday from 0700 to 1830 hours. On Saturday, construction within the project area may occur from 0800 to 1800 hours. No construction work will occur on Sundays or federal holidays. The Permittee shall maintain compliance with other provisions of this Agreement including regulating work during rainfall events (see Condition 2.2). 2.2 Conditional Work during Rainfall Event. No earth moving work shall occur during an anticipated rainfall event. For purposes of this Agreement, "rainfall event" means events producing more than '/4 inch per 24-hour period and/or when measurable rain ('/4 of an inch) with 50% or greater probability is forecasted within 72 hours. No earth moving work shall occur during a dry -out period of 24 hours after a rainfall event or less time should the work area not contain ponded water. Permittee shall monitor the National Weather Service (NWS) 72 -hr forecast for the project area. All erosion control measures shall be initiated prior to all rainfall events. 2.3 Leave Wildlife Unharmed. If any wildlife is encountered during the course of project activities, said wildlife shall be allowed to leave the project area unharmed. Notification #1600-2018-0235-R5 Streambed Alteration Agreement Page 7 of 29 If any listed wildlife is encountered within the active work area, the Permittee shall contact CDFW immediately. 2.4 Movement of Terrestrial Species. To the greatest extent practical, any newly constructed structure including but not limited to temporary and permanent fencing, shall be designed, constructed, and maintained such that it does not constitute a barrier to movement of wildlife unless intended to be wildlife exclusionary fencing. This includes but is not limited to the ingress and egress of wildlife across, under, over, and around structures. If any aspect of the proposed project results in a long- term reduction of wildlife movement, the Permittee shall be responsible for all future activities and expenditures necessary, as determined by CDFW, to secure passage of wildlife across, under, over, and around the structure. 2.5 Adherence to Existing Authorizations. All facilities that the Permittee owns, operates, or controls in association with the Big Canyon Phase 2A Habitat Restoration project shall be operated and maintained in accordance with current law and applicable water rights. Biological Resources 2.6 Take of Protected Species This Agreement does not authorize take, incidental or otherwise, of any protected species. For the purpose of this Agreement, "protected species" means the following: a species fully protected under state law; a species listed under the California Endangered Species Act (Fish & G. Code § 2050 et seq.) and/or Endangered Species Act (16 U.S.C. § 1531 et seq.); a species identified by CDFW as a species of special concern; A state -listed rare plant species; or any other species for which take is prohibited under state or federal law. 2.7 CESA Listed Species Exception. This Agreement does not authorize take for least Bell's vireo, southwestern willow flycatcher, or other species listed under CESA. 2.8 General Preconstruction Surveys: Prior to Project Start a Designated Biologist shall conduct a preconstruction survey no more than three (3) days and no less than one (1) day before proposed activities for the presence of fish, wildlife, or plants within the Phase 2A Restoration Area and adjacent areas with accessible suitable habitat and establish protective measures in accordance with other conditions of the Agreement. 2.9 Protected Species Avoidance and Minimization Measures. The Designated Biologist shall conduct a pre -construction survey for species of concern likely to be found in the area or using the area to forage during the proposed construction Notification #1600-2018-0235-R5 Streambed Alteration Agreement Page 8 of 29 activities. These shall include surveys for bats, least Bell's vireo and coastal California gnatcatcher. The surveys shall be conducted within one week prior to start of work. Survey limits shall be determined by the Designated Biologist and shall include all areas within the project footprint and 500 -foot buffer. If surveys yield information pertaining to any new resource impacts, CDFW shall be consulted immediately. Survey results, including negative findings, analysis, recommendations, and field notes shall be provided to CDFW prior to the start of work. 2.10 Protected Species Plan. The Permittee shall adhere to the mitigation measures developed for protected species as provided to CDFW. The Permittee shall have the Designated Biologist on site daily when protected species may be present to ensure that no impacts occur to protected species that are not authorized. 2.11 Dead or Injured Protected Species. Any dead or injured protected species found along roads or in project areas shall be reported to CDFW within 24 hours. The biologist shall report the location, cause of death, species found, and any other relevant information. 2.12 Seasonal and Other Restrictions. The Permittee shall not conduct any vegetation removal or ground disturbance within 500 linear feet of least Bell's vireo or southwestern willow flycatcher habitat from March 1 through July 15 if nesting birds are present. Permittee may conduct project activities, unless otherwise prohibited elsewhere in this Agreement, greater than 500 linear feet from occupied or suitable least Bell's vireo or southwestern willow flycatcher species habitat from July 15 to September 15 once avoidance, minimization, and compensatory mitigation measures are authorized and distances prescribed in this Agreement are superseded, or the young have fledged or the nest has been determined to have failed. 2.13 Notification to the California Natural Diversity Database. If any Protected Species are observed in project surveys, the Designated Biologist shall have responsibility to submit a California Native Species Field Survey Form and survey map to be submitted to the Natural Diversity Database within 5 working days of the sightings. The website address for online submissions/instructions: https://www.wildlife.ca.gov/Data/C NDDB 2.14 Bird Breeding/Nesting Period. Permittee shall make every effort to conduct project activities, including vegetation removal, outside of the bird breeding/nesting season from February 15 to September 15 to avoid impacts to breeding/nesting birds. If work cannot be avoided, then the Permittee shall implement one of the following to avoid and minimize impacts to nesting birds: Notification #1600-2018-0235-R5 Strean-bed Alteration Agreement Page 9 of 29 2.15 Nesting Bird Avoidance and Impact Minimization. The Permittee shall not take or destroy nests (or eggs) of birds that are designated under Federal and California State laws, MBTA, and FGC Section 3503, 3503.5, 3505, 3513. If grubbing, grading, earthwork, or other ground disturbing activities must occur from February 15 through September 15, the Designated Biologist shall begin bird nesting surveys 30 days prior to the direct or indirect disturbance of Suitable Nesting Habitat and continue the surveys on a weekly basis, with the last survey being conducted no more than three (3) days prior to the proposed ground disturbance. If grubbing, grading, earthwork, or other ground disturbing activities must occur from February 15 to September 15 Permittee shall implement the project's approved mitigation measures for nesting birds to facilitate avoidance and minimization of impacts to nesting birds. The nesting bird mitigation measures shall be submitted to CDFW for review and comment no less than 30 days before the start of grubbing, grading, earthwork, or other ground disturbing activities within the breeding season. 2.16 Least Bell's Vireo. Prior to any work commencing, focused surveys following USFWS protocol for least Bell's vireo shall be conducted from April 10 through July 31. The physical extent of the survey area shall include all areas within 500 feet of project disturbance. Survey results shall be submitted in writing to CDFW for review. 2.16.1 Survey protocol for least Bell's vireo can be found at: http://www.fws.gov/pacific/ecoservices/endang ered/recovery/documents/LB Vireo.2001.protocol. pdf 2.16.2 If least Bell's vireo, or southwestern willow flycatcher or other listed bird species, are present, the following avoidance measures shall be implemented: 2.16.2.1 No construction shall take place from March 15 through September 15 or until the young have fledged or the nest has been determined to have failed. 2.16.2.2 If least Bell's vireo or southwestern willow flycatcher are present and the avoidance measures identified above cannot be implemented, take may result, and an Incidental Take Permit (ITP) should be applied for and obtained from the CDFW. An ITP should include the following measures for minimization and mitigation: construction buffers, a biological monitor, sound walls, and habitat replacement. Notification #1600-2018-0235-R5 Strearrbed Alteration Agreement Page 10 of 29 2.17 Bat Roost Avoidance and Impact Minimization. To avoid the direct loss of bats that could result from removal of trees and/or structures that may provide day or night roost habitat (e.g., in cavities or under loose bark), the Permittee shall implement the following measures for all Initial Vegetation Removal authorized under this Agreement: 2.17.1 Permittee should avoid suitable bat roosting tree removal from March 1 to September 15 when possible to avoid impacts to bat maternity season. Trees determined to be maternity roosts shall be left in place until the end of maternity season or until the Designated Biologist verifies no pregnant females and young in non-volant stage are present. Where suitable bat roosting tree and vegetation removal is restricted elsewhere in this Agreement the more restrictive shall apply. 2.17.2 No less than 30 days before scheduled vegetation removal, Permittee shall have the Designated Biologist, approved by CDFW specifically for bats, conduct a pre -construction reconnaissance survey to identify those trees proposed for disturbance that could provide hibernacula, roosting, or nursery colony habitat for bats. 2.17.3 Trees that are observed to have bat roosts shall not be sawed up or mulched immediately. A period of at least 24 hours, and preferably 48 hours at discretion of Designated Biologist and/or CDFW, shall elapse prior to such operations to allow bats to escape. 2.17.4 If bats are not detected, but the Designated Biologist determines that roosting bats may be present at any time of year, it is preferable to slowly push any tree/structure down under operator's control using heavy machinery rather than felling it with a chainsaw. In order to ensure the optimum warning for any roosting bats that may still be present, the tree should be pushed lightly two to three times, with a pause of approximately 30 seconds between each nudge to allow bats to become active. The tree should then be pushed to the ground slowly and should remain in place until it is inspected by the Designated Biologist and sub measure 2.17.3 above is implemented. 2.17.5 The Designated bat biologist shall document all pre -construction reconnaissance survey activities and prepare a summary report including a map of confirmed locations of bat roosts to CDFW upon completion of the pre -construction reconnaissance survey. 2.18 Educational Program. Permittee shall conduct an Education Program for all persons employed or otherwise working on the Project prior to performing any Notification #1600-2018-0235-R5 Streambed Alteration Agreement Page 11 of 29 work on site. The program shall consist of a presentation from a Designated Biologist that includes a discussion of the biology of the habitats and species identified in this Agreement and present at this site. The Designated Biologist shall also include as part of the education program information about the distribution and habitat needs of any Protected Species that may be present, legal protections for those species, penalties for violations and project -specific protective measures included in this Agreement. Interpretation shall be provided for non-English speaking workers, and the same instruction shall be provided for any new workers prior to their performing work on site. The Permittee shall prepare and distribute wallet -sized cards or a fact sheet that contains this information for workers to carry on site. Upon completion of the education program, employees shall sign a form stating they attended the program and understand all protection measures. These forms shall be filed at the worksite offices and be available to CDFW upon request. The Education Program shall be repeated annually for part of the project extending more than one (1) year. Copies of program materials shall be maintained at the project site for workers to reference as needed. 2.18.1 Invasive Species Education Program. Permittee shall include invasive species in Education Program for all persons working on the Project prior to the performing any work on site. The program shall consist of a presentation from a Designated Biologist that includes a discussion of the invasive species currently present within the project site as well as those that may pose a threat to or have the potential to invade the project site. The discussion shall include a physical description of each species and information regarding their habitat preferences, local and statewide distribution, modes of dispersal, and impacts. The program shall also include a discussion of BMPs to be implemented at the project site to avoid the introduction and spread of invasive species into and out of the project s ite. 2.19 Disturbance or Removal. Disturbance or removal of vegetation shall not exceed the limits approved by this Agreement. Any disturbed portions of any stream channel margin outside of the project limits shall be restored to their original condition under the direction of CDFW. 2.20 Temporary Disturbance. The Permittee shall restore all areas within the project area temporarily impacted by construction, such as staging areas and temporary access areas. Temporary impact areas altered during the project shall be returned to natural contours without creating a possible future bank erosion problem. 2.21 Stockpiled Vegetation. Vegetation removed from the Phase 2A Restoration Area shall not be stockpiled in the low flow channel of the lake/stream. Any materials placed in seasonally dry portions of the lake/stream that may be washed downstream shall be removed from these areas prior to inundation by high flows. Notification #1600-2018-0235-R5 Streambed Alteration Agreement Page 12 of 29 The sites selected on which to push this material out of the stream should be selected in compliance with the other provisions of this Agreement. Where possible, brush piles shall be left outside the channel in upland areas to provide wildlife habitat, except where rodent populations may be deemed a nuisance (e.g. near residential properties). Brush piles shall not be placed in areas that may impact sensitive floral resources or dormant seeds. 2.22 Demarcate Work Area Boundary. In consultation with the Designated Biologist, the Permittee shall demarcate the outer perimeter of the work area to prevent damage to adjacent habitat, and to provide visual orientation to its limits. Marking shall be in place during all periods of operation. All persons employed or otherwise working on the project site shall be instructed about the restrictions that the marking represent. 2.23 Non-native Vegetation. Permittee shall remove non-native vegetation from the work area and shall dispose of it in a legal manner; in all cases it shall be placed in a manner which prevents its reestablishment in the stream, and in such a manner so that it does not negatively affect other sensitive native habitat communities. 2.24 Fill and Spoil. Fill length, width, and height dimensions shall not exceed those of the original design/installation or the original naturally occurring topography, contour, and elevation. Fill shall be limited to the minimal amount necessary to accomplish the agreed activities. 2.25 Cover Trenches and Other Hazards. All steep -walled trenches or excavations used during the project shall be covered at all times except when being actively used, to prevent entrapment of wildlife (e.g., reptiles and small mammals). If trenches cannot be covered, exclusion fencing shall be installed around the trench or excavation. Open trenches, or other excavations, shall be inspected by the Designated Biologist daily and immediately before backfilling. 2.26 Construction Surface Water Diversion. In the event vehicles/equipment are to be driven/operated within the reservoir/stream when surface water inflow is present, the entire surface water flow shall be diverted around the work area. The Permittee shall notify CDFW of its intent to access the reservoir/stream and implement the diversion plan submitted as part of the notification. Construction of the barrier and/or the new channel shall normally begin in the downstream area and continue in an upstream direction, and the flow shall be diverted only when construction of the diversion is completed. Channel bank or barrier construction shall be adequate to prevent seepage into or from the work area. The enclosure and the supportive material shall be removed when the work is completed, and removal shall normally proceed from downstream in an upstream direction. Notification #1600-2018-0235-R5 Streambed Alteration Agreement Page 13 of 29 2.27 Temporary Dam. Any temporary dam or other artificial obstruction for Surface Water Diversion shall be built pursuant to FGC Section 5937, and only from materials such as clean gravel, which will cause little or no siltation, and shall be approved by the CDFW prior to construction. Pollution, Sedimentation, and Litter 2.28 Pollution and Litter Laws. The Permittee shall comply with all litter and pollution laws. All contractors, subcontractors, and employees shall also obey these laws and it shall be the responsibility of the Permittee to insure compliance. 2.29 Trash Receptacles. Permittee shall install and use fully covered trash receptacles with secure lids (wildlife proof) to contain all food, food scrapes, food wrappers, beverage and other miscellaneous trash. Trash containers shall be emptied daily and removed from the project site when construction is complete. 2.30 Emergency Spill Response Plan Required. Permittee shall submit to CDFW an Emergency Spill Response Plan prior to the start of ground disturbance. The plan shall identify the actions that shall be taken in the event of a spill of petroleum products, or other material harmful to aquatic or plant life, and the identification and uses of emergency response materials. 2.31 Spill Containment. All activities performed in or near a stream shall have absorbent materials designated for spill containment and cleanup activities on-site for use in an accidental spill. If a spill occurs the Permittee shall immediately notify the California Emergency Management Agency at 1-800-852-7550 and immediately initiate the cleanup activities. CDFW shall also be notified by the Permittee and consulted regarding clean-up procedures. 2.32 Equipment and Vehicles. Any equipment or vehicles driven and/or operated within or adjacent to the stream/lake shall be checked and maintained daily, to prevent leaks of materials that if introduced to water could be deleterious to aquatic life. 2.33 Stationary Equipment. Stationary equipment such as motors, pumps, generators, and welders, located within or adjacent to the stream/lake shall be positioned over drip pans. Stationary heavy equipment shall have suitable containment to handle a catastrophic spill/leak. Clean up equipment such as extra boom, absorbent pads, skimmers, shall be on site prior to the start of construction. 2.34 Staging and Storage Areas. Staging/storage areas for equipment and materials shall be located outside of the stream/lake. Any materials placed in seasonally dry portions of a stream or lake that could be washed downstream or could be Notification #1600-2018-0235-R5 Streambed Alteration Agreement Page 14 of 29 deleterious to aquatic life shall be removed from the project site prior to inundation by high flows. 2.35 Equipment Maintenance. No equipment maintenance shall be done within or near any stream channel or lake margin where petroleum products or other pollutants from the equipment may enter these areas under any flow. 2.36 Cement and Concrete. Cement and concrete shall not be poured during events. The Permittee shall monitor the 10 -day forecast; cement or concrete materials may be poured only if a 3 -day clear window is predicted. The Permittee shall maintain compliance with other provisions of this Agreement including regulating work during rainfall events (see Condition 2.2). 2.37 Turbidity and Siltation. All equipment that enters the streambed or habitat associated with the stream shall be clean and dry. Upon CDFW determination that turbidity/siltation levels resulting from project -related activities constitute a threat to aquatic life, activities associated with the turbidity/siltation shall be halted until effective CDFW approved control devices are installed, or abatement procedures are initiated. 2.38 Rodenticides. The Permittee shall not apply rodenticides without CDFW approval to areas regulated by this Agreement. Permittee may propose an Integrated Pest Management Plan for the CDFW review and approval. 2.39 Herbicide Approved for Use Near Water. The Permittee shall only use an herbicide approved for use in an aquatic environment. Great care shall be taken to avoid contact with any native vegetation, and it shall only be applied on calm days (wind less than 5 miles per hour) to prevent airborne transfer of herbicide. No herbicides shall be used where Threatened or Endangered species would be directly exposed to liquid solution. Herbicide mixing sites shall only be located at existing road sites outside of the stream. All removed vegetation shall be disposed of properly, outside the flood plain. Spoil sites of Arundo or other exotic species shall not be located within a flowing stream or where it will cover aquatic or riparian vegetation. 2.39.1 Adjuvants. Only adjuvants and non-ionic surfactants registered for aquatic use shall be used. Non-ionic surfactants containing Nonylphenol (NP) and nonylphenol ethoxylates (NPEs) shall not be used. 2.39.2 Pre -emergent Herbicide. Permittee shall not use pre -emergent herbicide without prior written approval by CDFW. Permittee may propose method and species targeted for pre -emergent herbicide use within an Integrated Pest Management Plan (see also Condition 2.40). Notification #1600-2018-0235-R5 Streambed Alteration Agreement Page 15 of 29 2.39.3 Herbicide Spray Dye. Permittee shall ensure all herbicide sprays utilized within and within 25 feet of CDFW jurisdictional waters and sensitive habitat areas contain a dye (registered for aquatic use by California Department of Pesticide Regulation (CDPR)) to prevent overspray. 2.39.4 Pest Control Advisor Recommendation. CDFW recommends Permittee obtain a Pest Control Advisor's (PCA) recommendation and register it with the County Agricultural Commissioner where application will occur prior to applying herbicide in streambed areas. The Permittee may have additional requirements or recommendations necessary for application on municipal/government property and Permittee shall supply CDFW with written notifications or copies of paperwork required by other local, State, or Federal agencies related to pesticide use. 2.39.5 Herbicide Use in Conformance with Applicable Laws. Nothing in this Agreement represents a PCA recommendation that allows for an action that conflicts with herbicide use regulations. All herbicide use conditions for mixing, application, and clean-up shall conform to all applicable Federal, State, and local regulations. Any application of herbicide shall be done by a licensed or certified applicator in accordance with all applicable, federal, state, and local laws. Invasive Species 2.40 Prohibited Plant Species. Permittee shall not plant, seed, or otherwise introduce invasive exotic plant species. Prohibited exotic plant species include those identified in the California Exotic Pest Plant Council's database, which is accessible at: https://www.cal-ipc.org/plants/inventory/. 2.41 Unlawful to Possess Dreissenid Mussels. Pursuant to California Code of Regulations (CCR) Title 14 Section 681 and FGC Section 2301 it is unlawful for any person to possess, import, ship, or transport in the state live or dead dreissenid mussels except as authorized in a permit issued by the CDFW. A Restricted Species Permit pursuant to CCR Title 14 Section 671.1 is required for the collection, possession, and/or research of live dreissenid mussels. 2.42 Clean Equipment Prior to Entering Area Regulated by Agreement. All Equipment shall be free of materials deleterious to aquatic life including noxious and nuisance weeds, aquatic invasive species, oil, grease, hydraulic fluid, soil, and other debris. The Permittee shall follow equipment washing guidelines (see sub -measures below) and complete the Certification of Clean Equipment. The Certification of Clean Equipment shall be completed by the Permittee for all equipment prior to initially entering areas regulated by this Agreement. Notification #1600-2018-0235-R5 Streambed Alteration Agreement Page 16 of 29 2.43 Other Project Equipment. Permittee or designee shall require operators of equipment to Re -certify equipment upon reentry to areas regulated by this Agreement. Permittee shall require operators of equipment subject to recertification that are reentering after contact with water and/or wet soil from a stream or lake in areas outside those regulated under this Agreement to follow equipment washing guidelines (see sub -measures below). If requested by CDFW the Permittee shall submit copies of the Certification of Clean Equipment by email to RSLSAComplianceCcD-wildlife.ca.gov. 2.44 Inspection of Project Equipment. Permittee shall inspect all vehicles, tools, waders and boots, and other project -related equipment and remove all visible soil/mud, plant materials, and animal remnants prior to initially entering areas regulated by this Agreement, and upon Equipment Operator recertification following decontamination. 2.45 Decontamination of Project Equipment. Permittee shall decontaminate all tools, waders and boots, vehicles, trailers, and other equipment that will be used in areas regulated by this Agreement and make contact with water or wetted soils prior to initially entering and upon reentering with verification that subsequent decontamination is required with the following specific guidance: Permittee shall decontaminate project gear and equipment utilizing one of three methods: drying, using a hot water soak, or freezing, as appropriate to the type of gear or equipment. For all methods, Permittee shall begin the decontamination process by thoroughly scrubbing equipment, paying close attention to hard to reach and clean areas with a stiff -bristled brush to remove all plant, seeds, soil, and other organisms. To decontaminate by drying, Permittee shall allow equipment to dry thoroughly (i.e., until there is a complete absence of water and all plant, seeds, and soil), preferably in the sun, for a'minimum of 48 hours. To decontaminate using a hot water soak, Permittee shall immerse equipment in 140°F or hotter water and soak for a minimum of 5 minutes. To decontaminate by freezing, Permittee shall place equipment in a freezer 32°F or colder for a minimum of 8 hours. Repeat decontamination is required only if the equipment/clothing is removed from the site, used in contact with water or wet soil within a different watershed, and returned to the project site. 2.46 Decontamination of Vehicles and Eauir)ment. Permittee shall decontaminate vehicles and other project -related equipment too large to immerse in a hot water bath by pressure washing with hot water a minimum of 140°F at the point of contact or 155°F at the nozzle. Additionally, Permittee shall flush watercraft engines and all areas that could contain standing water (e.g., storage compartments) for a minimum of 10 minutes. Following the hot water wash, Permittee shall dry all vehicles, watercraft, and other large equipment as thoroughly as possible. Repeat Decontamination is required only if vehicles and/or Notification #1600-2018-0235-R5 Strearrbed Alteration Agreement Page 17 of 29 equipment is removed from the site used in contact with water or wet soil within a different watershed and returned to the project site. 2.47 Decontamination Sites. Permittee shall perform decontamination of vehicles, watercraft, and other project gear and equipment in a designated location where runoff can be contained and not allowed to pass into CDFW jurisdictional areas and other sensitive habitat areas. Cleaning of equipment may occur at a location that contains and recycles resulting waste water. 2.48 Notification of Invasive Species. The Permittee will collect the following information if an invasive species not previously known to occur is found within the project site.. the plant's exact location using GPS coordinates; the date the plant was observed; an estimate of how many individuals were present; the site's landowner or manager, if known; identifying photographs that contain closeups of leaves from different angles and flowers if possible; and a sample placed in a sealed bag. To avoid spreading the plant, clothing and shoes will be checked thoroughly before leaving the area and all traces of seeds will be removed or bagged. Permittee shall notify CDFW immediately if an invasive species not previously known to occur within the project site is discovered during project activities by submitting a completed Suspect Invasive Species Report (available online at: https://www.wildlife.ca.gov/Conservation/Invasives/report) and photos to the Invasive Species Program by email at: invasives(D_wildlife.ca.gov. Notification may also be provided by calling (866) 440-9530. Upon receiving notification, CDFW will provide Permittee with guidance for further action as appropriate to the species. Findings should also be reported immediately to the Orange County Chapter of the California Native Plant Society at invasives(aD-occnps.org for species verification. 3. Compensatory Measures Permittee shall implement each measure listed below consistent with the Habitat Restoration Plan (HRP) submitted within the permit application. 3.1 Permanent Impacts. To compensate for the permanent impacts to approximately 6.83 acres of delineated wetlands Permittee shall perform or oversee on-site restoration, or creation of 1.16 acre of southern willow scrub, 1.94 acre of wet alkali meadow, 3.26 acres of high alkali meadow, 0.48 acre of upland transitional habitat and with on-site enhancement or restoration of 2.91 acres of southern willow scrub. 3.1 .1 If not included within the HRP, the Permittee shall provide a brief description of the restoration proposed including a map of the site habitat type, restoration contractor and long-term land manager prior to initiation of project activities. Notification #1600-2018-0235-R5 Streambed Alteration Agreement Page 18 of 29 3.2 Temporary Impacts. The Permittee shall restore all areas within the project area temporarily impacted by project activities, such as staging areas and temporary access areas. Temporary impact areas altered during the project shall be returned to natural contours without creating a possible future bank erosion problem. 3.2.1 Permittee shall stabilize all disturbed soils within the Project site to reduce erosion potential, both during and following construction. Loose or compacted soil areas on stream banks that were temporarily impacted shall be restored pursuant to the HRP, unless otherwise agreed upon with CDFW. 3.3 Restoration Requirements. All restoration proposals and plans shall be submitted to CDFW for review and approval prior to initiating the Project authorized by this Agreement. CDFW retains the right to require additional mitigation/restoration should the proposed restoration not be adequate to compensate for the impacts. If additional temporal impacts (time project activities and initiation of mitigation) occur, then the compensatory mitigation shall be increased. Therefore, for each year past one year of Project impacts authorized by this Agreement that the restoration is delayed, the restoration shall, at a minimum, be increased by 10 percent of the original restoration acreage requirement detailed above. 3.3.1 Plant Palette and Planting Plan. A plant palette and planting plan, prepared by a biologist familiar with restoration of native plants, shall be submitted to CDFW for review and written approval prior to initiation of project activities. This plan shall include plantings of both overstory and understory vegetation. The plan shall include the tree species being removed from the project site. The plan shall also include a description of the proposed numbers, container sizes, and planting location, by species, the proposed monitoring activities (e.g., locations, techniques, scheduling), maintenance operations with particular emphasis on watering methods and schedules; and any/all other references to revegetation and restoration activities specified by this Agreement. All procedures shall be approved by CDFW in writing. The primary monitoring surveys to determine the success of restoration efforts (survival, cover, and growth of plants) shall be conducted as specified in the HRP submitted with the permit application. 3.3.2 Planting Plan Success Criteria. The HRP shall identify the success criteria for the restored habitats specified above. The success criteria shall include absolute percent cover for vegetation, species diversity, abundance, and any other measures of success deemed appropriate by CDFW as specified in the HRP. Success criteria shall be separated into vegetative layers (tree, shrub, grass, and forb), and each layer shall be compared to the success criteria of the reference site to ensure one species or layer does not disproportionally dominate a site, but instead mimic the conditions of the reference site. The HRP shall have adequate detail regarding the sampling plan so that it can be duplicated by different people Notification #1600-2018-0235-R5 Streambed Alteration Agreement Page 19 of 29 and shall include a sample data collection sheet that shows appropriate data to be collected per the proposed sampling methodology. Permittee shall be responsible for any cost incurred during the restoration or in subsequent corrective measures. 3.3.3 Restoration Specialist. The HRP shall be prepared by persons with expertise in southern California ecosystems and native plant re -vegetation techniques (restoration specialist). Planting, maintenance, monitoring, and reporting activities shall be overseen by the restoration specialist familiar with restoration of native plants. 3.3.4 Local Sources. To the extent practical, plant material for revegetation shall be derived from cuttings, materials salvaged from disturbed areas, and/or seeds obtained from randomly selected native trees and shrubs occurring locally in similar riparian or wetland habitat areas within the same watershed, or similar coastal plain areas within 10 miles. If plant materials meeting these requirements are unavailable, the Permittee will consult with a qualified restoration ecologist to obtain the most appropriate materials that are available. 3.3.5 Native Plant Nursery. Any replacement tree/shrub stock, if used, which cannot be grown from cuttings or seeds, shall be obtained from a native plant nursery and be ant -free. 3.3.6 Restoration Progress Monitoring Reports. Permittee shall have the qualified restoration specialist monitor the establishment of plant, wildlife, and aquatic resources in the area following initial installation of the restoration plantings and seed. Monitoring of plant, wildlife, and aquatic resources shall be conducted as specified in the HRP, through the term of restoration. The results and analysis shall be submitted with the annual restoration monitoring report to CDFW by February 1 of each year after completion of initial plant and seed installation within the restoration site for at least five years and until restoration success criteria have been met. This report shall include the status and any success trends (i.e., comparison throughout the five years of monitoring) for the success criteria outlined in the HRP. Photos from designated photo stations shall be included. 3.3.7 Restoration Success. After the fifth monitoring year, if the site has met the success criteria outlined in the HRP, CDFW may request a site visit to determine if the restoration efforts identified in the Agreement is deemed complete. The site should be free of trash and any irrigation infrastructure shall be removed if it was used (unless there is an acceptable justification for leaving the irrigation system in place). Notification #1600-2018-0235-R5 Streambed Alteration Agreement Page 20 of 29 3.4 Mitigation for Unauthorized Impacts. Permittee shall mitigate at a minimum 5:1 ratio for impacts to areas subject to CDFW jurisdiction beyond those authorized in this Agreement. Mitigation ratio may increase depending on the unauthorized impacts. In the event that additional mitigation is required, the type of mitigation shall be determined by CDFW, and may include creation, restoration, enhancement, and/or preservation. 3.5 Long -Term Management Plan. The Permittee shall prepare or fund the preparation of a Long -Term Management Plan (LTMP) designed to sustain or surpass the habitat quality of the restoration sites at CDFW sign -off, in perpetuity. At a minimum, the LTMP shall identify: (1) an estimated description of the physical conditions of the restoration site (at sign -off), including water resources and habitat types, and a map that identifies the location of the site; (2) goals related to sustaining habitat quality, wildlife usage, and overall function of the restoration site; and (3) management strategies proposed to meet those goals, including a monitoring and maintenance schedule, maintenance of signage, and a list of contingency measures. Permittee should consult with CDFW for LTMP requirements and for an appropriate LTMP template. The Permittee shall be responsible for implementing the LTMP. Long-term management of the revegetated areas will be performed under the Permittee's supervision by an assigned contractor experienced in native plant maintenance for a minimum of 5 years. Beyond the 5 -year period, the Permittee's contractor will continue periodic maintenance of the site. If some areas are not performing well, supplemental planting or hydroseeding may be implemented. Long-term management includes periodic monitoring and control of exotic weeds. A comprehensive weed control and eradication program will also be implemented to minimize the adverse effects of weed invasion. Permittee shall submit the LTMP, and draft Agreement between Permittee and entity implementing the LTMP to CDFW for review and approval within one (1) year of completion of construction, consistent with CDFW Proposition 1 Grant Agreement guidelines. 4. Reporting Measures Permittee shall meet each reporting requirement described below. 4.1 Notification Prior to Work. The Permittee shall notify CDFW, in writing, at least five (5) days prior to initiation of project and restoration activities and at least five (5) days prior to completion of project and mitigation activities. Notification shall be sent to the email address: R5LSACompliance(a-D-wildlife.ca.gov, Reference # 1600- 2018-0235-R5, and cc: Eric. Chana-wildlife.ca.gov. 4.2 Reporting. All surveys, pre- and post- construction notifications, monitoring reports, and any other required communication between the Permittee and CDFW shall be submitted in digital copy to R5LSACompliancea-wildlife.ca.gov Reference # 1600- 2018-0235-R5, and cc: Eric. chana-wild life.ca.gov. If CDFW requests hard copies Notification #1600-2018-0235-R5 Streambed Alteration Agreement Page 21 of 29 of any documentation, Permittee shall mail to 3883 Ruffin Road, San Diego 92123, Attn: Streambed Unit, Reference # 1600-2018-0235-R5. 4.3 Final Construction Report. Permittee shall provide a final construction report to CDFW no later than 60 days after the project is fully installed (including planting and seed application) including color photographs of before and after project -related activities, including the surrounding staging areas. The construction report at a minimum shall contain pre -project photographs, total amount of area impacted post -project, post -project photographs, and biological survey notes (including construction monitoring). 4.4 Annual Progress Reports. Permittee shall submit an annual MCRP report to CDFW by February 1 of each year for a minimum of five (5) years after Project completion. This report shall be based on the reporting requirements from the approved Mitigation Creation and Restoration Plan. The report shall include photographs from designated photograph stations and other relevant information such as the success of natural revegetation establishment, survival, percent cover, and height of both tree and shrub species; the number by species of plants replaced; an overview of the revegetation effort, the restoration effectiveness, and the method used to assess these parameters; a summary of invasive species control, methods used to remove nonnative plants, and a list of wildlife observed on site. 4.5 Compliance. CDFW shall verify compliance with protective measures to ensure the accuracy of the Operator's restoration, monitoring, and reporting efforts. CDFW may, at its sole discretion, review relevant documents maintained by the Operator, interview the Operator's employees and agents, inspect the work site, and take other actions to assess compliance with or effectiveness of protective measures in this Agreement. 4.6 Format of Reports. All Reports shall be submitted in both hard copies and electronic versions. The information submitted electronically shall be placed on a compact disc. The electronic files shall include geographic information system (GIS) shapefiles, along with the appropriate metadata, of the project area and restoration area. 4.7 Restoration Site As -Built Report. The Permittee shall submit an As -Built Report for the Restoration project area to CDFW within 60 days of completion of the Habitat Restoration Plan installation phase. The report shall include a plan or map diagram showing the restored area and the final as -built locations of structural improvement listed in Project Description. Photographs from representative vantage points shall also be included to document the final site conditions. Notification #1600-2018-0235-R5 Streambed Alteration Agreement Page 22 of 29 4.8 List of Designated Biologists. The Permittee shall submit a proposed list of Designated Biologists to CDFW for review 30 days prior to Project Start (see Condition 1.7). CDFW will provide written response within 18 days of Permittee submittal, unless otherwise agreed to by CDFW in writing (email, letter, fax). The Permittee may utilize any of the Designated Biologists with the appropriate qualifications from the approved list without subsequent approvals from CDFW. The list may be updated at any time by CDFW or the Permittee with the prior approval of CDFW. 4.9 Nesting Bird Management Plan. If necessary, the Permittee shall submit a Nesting Bird Management Plan to CDFW for Project activities that may occur from February 15 through September 15 as described in Conditions 2.15. The plan shall include survey results and establish the necessary buffers to avoid take of nests as defined in FGC Sections 3503 and 3503.5. The Nesting Bird Management Plan shall be submitted to CDFW prior to any work from February 15 through September 15. 4.10 Emergency Response Plan. The Permittee shall submit an Emergency Response Plan to CDFW prior to start of ground disturbance as described in Condition 2.30. The plan shall identify the actions that shall be taken in the event of a spill of petroleum products, or other material harmful to aquatic or plant life, and the identification and uses of emergency response materials. 4.11 Integrated Pest Management Plan. If necessary, the Permittee shall submit an Integrated Pest Management Plan to CDFW for review as described in Condition 2.38. The plan shall be consistent with the terms and conditions of this Agreement. The final Integrated Management Plan shall receive written approval by CDFW prior to implementation. 4.12 Written Release from Monitoring Obligation. The Permittee shall not be released from these maintenance and monitoring obligations until such time as the Permittee has requested and received written concurrence from CDFW that the success criteria have been met in the Habitat Restoration Plan. CONTACT INFORMATION Any communication that Permittee or CDFW submits to the other shall be in writing and any communication or documentation shall be delivered to the address below by U.S. mail, fax, or email, or to such other address as Permittee or CDFW specifies by written notice to the other. To Permittee: Notification #1600-2018-0235-R5 Streambed Alteration Agreement Page 23 of 29 City of Newport Beach ATTN: Robert Stein 100 Civic Center Drive Newport Beach, CA 92660 Phone 949-644-3225 RStein (a) - new portbeachca.gov To CDFW: Department of Fish and Wildlife South Coast Region 3883 Ruffin Rd. San Diego, CA 92123 Attn: Lake and Streambed Alteration Program Notification #1600-2018-0235-R5 (858) 467-4299 R5LSACompliance(,5-wildlife.ca.gov LIABILITY Permittee shall be solely liable for any violations of the Agreement, whether committed by Permittee or any person acting on behalf of Permittee, including its officers, employees, representatives, agents or contractors and subcontractors, to complete the project or any activity related to it that the Agreement authorizes. This Agreement does not constitute CDFW's endorsement of, or require Permittee to proceed with the project. The decision to proceed with the project is Permittee's alone. SUSPENSION AND REVOCATION CDFW may suspend or revoke in its entirety the Agreement if it determines that Permittee or any person acting on behalf of Permittee, including its officers, employees, representatives, agents, or contractors and subcontractors, is not in compliance with the Agreement. Before CDFW suspends or revokes the Agreement, it shall provide Permittee written notice by mail that it intends to suspend or revoke. The notice shall state the reason(s) for the proposed suspension or revocation, provide Permittee an opportunity to correct any deficiency before CDFW suspends or revokes the Agreement, and include instructions to Permittee, if necessary, including but not limited to a directive to immediately cease the specific activity or activities that caused CDFW to issue the notice. Notification #1600-2018-0235-R5 Streambed Alteration Agreement Page 24 of 29 ENFORCEMENT Nothing in the Agreement precludes CDFW from pursuing an enforcement action against Permittee instead of, or in addition to, suspending or revoking the Agreement. Nothing in the Agreement limits or otherwise affects CDFW's enforcement authority or that of its enforcement personnel. OTHER LEGAL OBLIGATIONS This Agreement does not relieve Permittee or any person acting on behalf of Permittee, including its officers, employees, representatives, agents, or contractors and subcontractors, from obtaining any other permits or authorizations that might be required under other federal, state, or local laws or regulations before beginning the project or an activity related to it. This Agreement does not relieve Permittee or any person acting on behalf of Permittee, including its officers, employees, representatives, agents, or contractors and subcontractors, from complying with other applicable statutes in the FGC including, but not limited to, FGC sections 2050 et seq. (threatened and endangered species), 3503 (bird nests and eggs), 3503.5 (birds of prey), 5650 (water pollution), 5652 (refuse disposal into water), 5901 (fish passage), 5937 (sufficient water for fish), and 5948 (obstruction of stream). Nothing in the Agreement authorizes Permittee or any person acting on behalf of Permittee, including its officers, employees, representatives, agents, or contractors and subcontractors, to trespass. AMENDMENT CDFW may amend the Agreement at any time during its term if CDFW determines the amendment is necessary to protect an existing fish or wildlife resource. Permittee may amend the Agreement at any time during its term, provided the amendment is mutually agreed to in writing by CDFW and Permittee. To request an amendment, Permittee shall submit to CDFW a completed CDFW "Request to Amend Lake or Streambed Alteration" form and include with the completed form payment of the corresponding amendment fee identified in CDFW's current fee schedule (see Cal. Code Regs., tit. 14, § 699.5). TRANSFER AND ASSIGNMENT Notification #1600-2018-0235-R5 Streambed Alteration Agreement Page 25 of 29 This Agreement may not be transferred or assigned to another entity, and any purported transfer or assignment of the Agreement to another entity shall not be valid or effective, unless the transfer or assignment is requested by Permittee in writing, as specified below, and thereafter CDFW approves the transfer or assignment in writing. The transfer or assignment of the Agreement to another entity shall constitute a minor amendment, and therefore to request a transfer or assignment, Permittee shall submit to CDFW a completed CDFW "Request to Amend Lake or Streambed Alteration" form and include with the completed form payment of the minor amendment fee identified in CDFW's current fee schedule (see Cal. Code Regs., tit. 14, § 699.5). EXTENSIONS In accordance with FGC section 1605(b), Permittee may request the Agreement to be extended for one (1) 5 -year extension, provided the request is made prior to the expiration of the Agreement's term. To request an extension, Permittee shall submit to CDFW a completed CDFW "Request to Extend Lake or Streambed Alteration" form and include with the completed form payment of the extension fee identified in CDFW's current fee schedule (see Cal. Code Regs., tit. 14, § 699.5). CDFW shall process the extension request in accordance with FGC 1605(b) through (e). If Permittee fails to submit a request to extend the Agreement prior to its expiration, Permittee must submit a new notification and notification fee before beginning or continuing the project the Agreement covers (FGC section 1605(f)). EFFECTIVE DATE The Agreement becomes effective on the date of CDFW's signature, which shall be: 1) after Permittee's signature; 2) after CDFW complies with all applicable requirements under the California Environmental Quality Act (CEQA); and 3) after payment of the applicable FGC section 711.4 filing fee listed at hftps://www.wildlife.ca.gov/Conservation/CEQA/Fees. TERM This Agreement shall expire on March 31, 2024 unless it is terminated or extended before then. All provisions in the Agreement shall remain in force throughout its term. Permittee shall remain responsible for implementing any provisions specified herein to protect fish and wildlife resources after the Agreement expires or is terminated, as FGC section 1605(a)(2) requires. EXHIBITS Notification #1600-2018-0235-R5 Streambed Alteration Agreement Page 26 of 29 The documents listed below are included as exhibits to the Agreement and incorporated herein by reference. A. Exhibit A: "Big Canyon Restoration Project Phasing Map" B. Exhibit B: "Access and Staging Map" AUTHORITY If the person signing the Agreement (signatory) is doing so as a representative of Permittee, the signatory hereby acknowledges that he or she is doing so on Permittee's behalf and represents and warrants that he or she has the authority to legally bind Permittee to the provisions herein. AUTHORIZATION This Agreement authorizes only the project described herein. If Permittee begins or completes a project different from the project the Agreement authorizes, Permittee may be subject to civil or criminal prosecution for failing to notify CDFW in accordance with FGC section 1602. CONCURRENCE The undersigned accepts and agrees to comply with all provisions contained herein. FOR CITY OF N WPORT BEACH Robert Stein Date Assistant City Engineer FOR DEPARTMENT OF FISH AND WILDLIFE Gail Sevrens Environmental Program Manager Date Notification #1600-2018-0235-R5 Streambed Alteration Agreement Page 27 of 29 Prepared by: Eric Chan Environmental Scientist Notification #1600-2018-0235-R5 Streambed Alteration Agreement Page 28 of 29 ExhibitA SOURCE %%X Prgect Namc Figure 3 ♦ Big Canyon Coastal Habitat Restoration 1'S1 and Adaptation - Phases 1 and 2 Notification #1600-2018-0235-R5 Streambed Alteration Agreement Page 29 of 29 Exhibit B ...d, .lar Quality Improvement Pr,- T,&—1 Rap- 01]09 ]4 Figure 5 Phase I - Project Components Y— Q Protect Bountlary Surveyed 1—W, T— Prohct C—paaaat, P11111 I AIN I ,— 11... M Mpadl, Habitat Raat—fi- 6Canary la— d— p— Riparian 'l- I R.—I.— A.. NewGrading Features • Eucalyptus P'... 18; Mitigation A... —Existing Sewer Features • Fl9 Riparian Habitat creationArea Water WolaylllrlrastrucNre Cpmponen!s • GPldenram tree Riparian Hebital Entlenrament Nae -- Wa1ar La P-' Ph— 113: Facllftllalft,d,ay, Pr,p..ad Trail. 1Brannan pepper 1— R— and Infrastructure ItnPmvemenl B.5 -loot - dl T A* B--at-Cell araptd, TW Da—g -1— 15 '..1 -. had ...d, .lar Quality Improvement Pr,- T,&—1 Rap- 01]09 ]4 Figure 5 Phase I - Project Components STATE OF CALIFORNIA -NATURAL RESOURCES AGENCY GAVIN NEWSOM, GOVERNOR CALIFORNIA COASTAL COMMISSION South Coast Area Office 301 E. Ocean Blvd., Suite 300 Long Beach, CA 90802-4302 (562)590-5071 LIAW111�' Filed: 04/07/2019 180' Day: 10/04/2019 Staff: M. Revell- LB Staff Report: 08/30/2019 Hearing Date: 09/11/2019 STAFF REPORT: REGULAR CALENDAR Application No.: 5-19-0213 Applicants: City of Newport Beach Location: 1900 Back Bay Dr., Newport Beach, Orange County (APN 440-092-79) Project Description: Phase 2A of Big Canyon Coastal Habitat Restoration and Adaptation Project, consisting of 11.3 acres of riparian habitat restoration and enhancement, including removal of non-native vegetation, approximately 5,500 cubic yards of grading, creek bank stabilization, replanting of native vegetation, and floodplain restoration in Newport Beach, Orange County. Staff Recommendation: Approval with conditions. SUMMARY OF STAFF RECOMMENDATION The project is within the 60 -acre Big Canyon Creek Nature Park primarily located between Jamboree Road to the east and Back Bay Drive to the west, bounded by residential communities to the North and South along the creek bluffs, approximately 1 mile north of Coast Highway. Big Canyon Creek flows west into the Upper Newport Bay State Ecological Reserve within the City of Newport Beach (Exhibit 1). The area is located between the first public road and the sea (Bay) and is designated open space in the City's certified Local Coastal Plan. The project area is an 11.3 acre site between Jamboree Road and Backbay Drive, and currently contains 6.33 acres of invasive pepper tree grove, 2.91 acres of mixed arroyo willow/pepper tree grove, 0.58 acre of alkali heath marsh alliance, 0.40 acres of freshwater marsh, 0.28 acre of Menzies's goldenbush scrub alliance, and 0.82 acre of bare areas. In 2016, the Commission approved Phase 1 of the Coastal Habitat Restoration Project under Coastal Development Permit No. 5-16-0059, which consisted of restoration of riparian habitat upstream of Big Canyon Creek between Jamboree Road and the current project location, and included installation of a bioretention 5-19-0213 (City of Newport Beach, Big Canyon Phase 2A) facility to remove stormwater pollutants entering the Nature Park from an existing culvert under Jamboree Road, which flows through Big Canyon Creek Nature Park, and ultimately into Upper Newport Bay. Big Canyon provides habitat for sensitive plant species such as California boxthorn and southern tarplant, and special -status animal species such as orange -throated whiptail, yellow warbler, Coastal California gnatcatcher and Least Bell's Vireo. Within the riparian habitat, there are a significant number of invasive trees including Brazilian Peppertree and Myoporum. Phase 2A of the Big Canyon Creek Restoration Project proposes to re-establish a functioning complex of wetland and upland habitats downstream of Phase 1, and involves removal of non- native vegetation and replanting native species to restore a mosaic of appropriate native riparian, wet alkali meadow, high alkali meadow, and upland transitional habitats. The project is intended to improve the site's resilience to infestation by the Polyphagous Shot Hole Borer (PSHB) through various means and will stabilize the creek and improve its connection with the floodplain by pulling back incised steep banks and implementing erosion control measures using plantings. Finally, the project is being designed to discourage mosquito breeding, further improve water quality by reducing selenium and sediment entering the bay, and encourage public access for education and passive recreation. The City of Newport Beach proposes to remove approximately 9.24 acres of invasive Brazilian pepper trees and other exotics and invasive vegetation for restoration purposes, including 6.33 acres within the pepper tree groves, and an additional 0.5 acre of exotics removal within the existing woody riparian areas, and 2.41 -acres of existing woody riparian vegetation that contains pepper trees. In addition, several of the native willows that exist in the stream corridor outside of the pepper trees have been infested by the Polyphagous Shot Hole Borer (PSHB), which depending on the severity of the infestation, will either be pruned and treated or removed if necessary. Excavation and grading of the of the existing channel bank is also proposed to create floodplain benches and gentler slopes connecting the channel with the floodplain and providing for more frequent inundation during storm events. Fine grading of the site will create a gentler slope from the re- constructed/stabilized banks to provide connectivity between the channel and floodway, and better support for vegetation. Overall, the project will result in improved water quality and habitat for Big Canyon through watershed improvements by improving the flow of the creek to remove toxins, restore connectivity of the creek to the floodplain, and habitat improvement for Big Canyon. The applicant expects to start construction in the fall, outside of the nesting season. The habitat restoration and the wetland and creek water restoration will result in a significant improvement in the quality of the creek and water flows into the bay and the ocean. Because the project has been designed to be the least environmentally damaging alternative, and has the primary goal of restoration of the floodplain and improving water quality, the long-term environmental benefits of the project are expected to far outweigh the temporary short-term effects of the restoration work. Coastal Commission staff is recommending approval of the permit with eight special conditions to ensure that the project preserves and enhances coastal resources, conforms with Sections 30233 of the Coastal Act as an allowed use within wetlands, is the least environmentally damaging alternative, and provides more than sufficient mitigation for the adverse environmental impacts. Special Condition I requires final revised construction and site plans. Special Condition 2 2 5-19-0213 (City of Newport Beach, Big Canyon Phase 2A) requires that the applicant provide a final restoration and monitoring plan to ensure that the quality of the restoration project will be monitored to ensure that the biological productivity of the site is improved in as -built conditions. Special Condition 3 requires the applicant to submit a final staging plan to protect the existing habitat from degradation during staging and construction. The riparian and coastal sage scrub habitat has the potential to provide nesting and foraging resources for sensitive species including the Least Bell's Vireo, the coastal California gnatcatcher, raptors and other species. In order to protect the sensitive species in the project area, Special Conditions 4 and 5 require the applicant provide for a biological monitor during construction to protect sensitive species and to abide by a construction schedule to avoid impacting habitat during nesting season. Special Condition 6 requires the applicant adhere to construction BMPs to be found consistent with Sections 30230 and 30231 of the Coastal Act regarding the protection of water quality to promote the biological productivity of coastal waters and to protect human health. Special Condition 7 requires submittal of an archeological monitoring plan to ensure that any prehistoric or archaeological or paleontological cultural resources that may be present on the site and could be impacted by the proposed development receive proper protections in order for the project to be found consistent with Section 30244 of the Coastal Act. Lastly, Special Condition 8 requires the applicant provide other resource agency approvals. 5-19-0213 (City of Newport Beach, Big Canyon Phase 2A) TABLE OF CONTENTS I. MOTION AND RESOLUTION.................................................................................................5 ILSTANDARD CONDITIONS.......................................................................................................5 III. SPECIAL CONDITIONS............................................................................................................6 IV. FINDINGS AND DECLARATIONS.....................................................................................14 A. PROJECT LOCATION AND DESCRIPTION..............................................................................14 B. STANDARD OF REVIEW......................................................................................................16 C. BIOLOGICAL RESOURCES...................................................................................................16 D. WATER QUALITY...............................................................................................................28 E. PUBLIC ACCESS AND RECREATION..................................................................................... 29 F. CULTURAL AND ARCHAEOLOGICAL RESOURCES.................................................................29 G. LOCAL COASTAL PROGRAM...............................................................................................30 H. CALIFORNIA ENVIRONMENTAL QUALITY ACT....................................................................30 APPENDICES Appendix A — Substantive File Documents EXHIBITS Exhibit 1 — Location Map Exhibit 2 —Project Plans Exhibit 3 — Existing Vegetation and Plant Communities Exhibit 4 — Proposed Invasive and Nonnative Vegetation Removal Exhibit 5 — Conceptual Habitat Restoration Plan Exhibit 6 — Jurisdictional Wetland Map Exhibit 7 — Preliminary Construction Staging Plan M 5-19-0213 (City of Newport Beach, Big Canyon Phase 2A) I. MOTION AND RESOLUTION Motion: I move that the Commission approve Coastal Development Permit Application No. 5-19-0213 pursuant to the staff recommendation. Staff recommends a YES vote. Passage of this motion will result in approval of the permit as conditioned and adoption of the following resolution and findings. The motion passes only by affirmative vote of a majority of the Commissioners present. Resolution: The Commission hereby approves Coastal Development Permit Application No. 5- 19-0213 for the proposed development and adopts the findings set forth below on grounds that the development as conditioned will be in conformity with the policies of Chapter 3 of the Coastal Act and will not prejudice the ability of the local government having jurisdiction over the area to prepare a Local Coastal Program conforming to the provisions of Chapter 3. Approval of the permit complies with the California Environmental Quality Act because either 1) feasible mitigation measures and/or alternatives have been incorporated to substantially lessen any significant adverse effects of the development on the environment, or 2) there are no further feasible mitigation measures or alternatives that would substantially lessen any significant adverse impacts of the development on the environment. II. STANDARD CONDITIONS This permit is granted subject to the following standard conditions: 1. Notice of Receipt and Acknowledgment. The permit is not valid and development shall not commence until a copy of the permit, signed by the permittees or authorized agent, acknowledging receipt of the permit and acceptance of the terms and conditions, is returned to the Commission office. 2. Expiration. If development has not commenced, the permit will expire two years from the date on which the Commission voted on the application. Development shall be pursued in a diligent manner and completed in a reasonable period of time. Application for extension of the permit must be made prior to the expiration date. 3. Interpretation. Any questions of intent of interpretation of any condition will be resolved by the Executive Director or the Commission. 4. Assignment. The permit may be assigned to any qualified person, provided assignee files with the Commission an affidavit accepting all terms and conditions of the permit. 5 5-19-0213 (City of Newport Beach, Big Canyon Phase 2A) 5. Terms and Conditions Run with the Land. These terms and conditions shall be perpetual, and it is the intention of the Commission and the permittees to bind all future owners and possessors of the subject property to the terms and conditions. III. SPECIAL CONDITIONS This permit is granted subject to the following special conditions: 1. Final Revised Plans A. PRIOR TO ISSUANCE OF THE COASTAL DEVELOPMENT PERMIT, the applicant shall submit, for the review and written approval of the Executive Director, two full-size sets of the following revised final plans, modified as required below. 1. A grading plan that substantially conforms with the plans submitted to the Commission on June 25, 2019 and that includes grading elevations and quantities and depicts the limits of ground disturbance; 2. A site plan that substantially conforms with the plans submitted to the Commission on June 25, 2019, revised to show all infrastructure, interpretive amenities, trail signage, and any other appurtenances which conform with the requirements of the special conditions of this permit. B. All revised plans shall be prepared and certified by a licensed professional or professionals as applicable (e.g., biologist, geotechnical engineer), based on current information and professional standards, and shall be certified to ensure that they are consistent with the Commission's approval and with the recommendations of any required technical reports. C. The permittee shall undertake development in conformance with the approved final plans unless the Commission amends this permit or the Executive Director determines that no amendment is legally required for any proposed minor deviations. 2. Final Habitat Restoration and Monitoring Plan. PRIOR TO ISSUANCE OF THE COASTAL DEVELOPMENT PERMIT, the applicants shall submit for review and written approval of the Executive Director, a final detailed habitat restoration and monitoring plan to restore disturbed habitat in substantial conformance with the submitted Big Canyon Restoration Project — Phase 2A Revegetation Plan, ESA, received Wednesday, July 3, 2019. A biologist qualified in the preparation of plans to restore coastal habitats shall design the revised restoration and monitoring plan. The revised restoration and monitoring plan shall at a minimum include the following: A. Restoration plan including planting map, plant palette, source of plant material, and schedule of plant installation, watering, erosion control, soil fertilization and weed abatement. B. Final Success Criteria. The restoration will be considered successful if the overall species composition and the vegetative cover of the dominant perennial species are 2 5-19-0213 (City of Newport Beach, Big Canyon Phase 2A) similar to relatively undisturbed vegetation of the same type in nearby reference areas. Species composition shall be considered similar if all the dominant species and at least 80% of the non-dominant species at the reference site are present at the restored site. C. Provisions for monitoring and remediation of the restoration site in accordance with the approved final restoration program for a period of five years or until it has been determined that success criteria have been met or have failed to be met, whichever comes first. D. Provisions for submission of annual reports of monitoring results to the Executive Director for the duration of the required monitoring period. Each report shall document the condition of the restoration with photographs taken from the same fixed points in the same directions. Each report shall also include a "Performance Evaluation" section where information and results from the monitoring program are used to evaluate the status of the restoration project in relation to the performance standards. The performance monitoring period shall be five years. The final report must be prepared in conjunction with a qualified biologist. The reports must evaluate whether the restoration site conforms to the goals, objectives, and performance standards set forth in the approved final restoration program. E. If the final report indicates that the restoration project has been unsuccessful, in part, or in whole, based on the approved performance standards, the applicant shall submit within 90 days a revised or supplemental restoration program to compensate for those portions of the original program that were necessary to offset project impacts which did not meet the approved performance standards. The revised restoration program, if necessary, shall be processed as an amendment to this coastal development permit. F. The permittees shall monitor and manage the restoration site in accordance with the approved mitigation and monitoring plan, including any revised restoration program approved by the Commission or its staff. Any proposed changes to the approved mitigation and monitoring plan shall be reported to the Executive Director. No changes to the approved mitigation and monitoring plan shall occur without a Commission amendment to this coastal development permit unless the Executive Director determines that no amendment is legally required. 3. Construction Staging. PRIOR TO ISSUANCE OF THE COASTAL DEVELOPMENT PERMIT, the applicants shall submit for review and written approval of the Executive Director, a final detailed construction staging plan in substantial conformance to the Construction Staging Plan dated May 15, 2019 which indicates that the construction staging area(s) will avoid impacts to public access to the bay and avoid impacts to sensitive habitat areas. A. The construction staging plan shall be for Phase II and shall demonstrate: 1. Construction equipment shall not be stored outside the staging area 2. Habitat (vegetated) areas shall not be used for staging or storage of equipment 7 5-19-0213 (City of Newport Beach, Big Canyon Phase 2A) 3. The staging area for construction of the project shall not obstruct access to Upper Newport Bay Ecological Reserve B. The plan shall include, at a minimum, a site plan that depicts the following components: 1. Limits of the staging area(s) i. construction corridor(s) ii. construction site iii. location of construction fencing and temporary job trailers C. The permittee shall undertake development in accordance with the approved final plan. Any proposed changes to the approved final plan shall be reported to the Executive Director. No changes to the approved final plan shall occur without a Commission amendment to this coastal development permit unless the Executive Director determines that no amendment is legally required. 4. Biological Monitor. By acceptance of this permit, the applicant agrees that: An appropriately trained biologist shall monitor the proposed development for disturbance to sensitive species or habitat area. At minimum, monitoring shall occur once a week during any week in which construction occurs. Daily monitoring shall occur during development which could significantly impact biological resources such as dredging or construction that could result in disturbances to the raptors or sensitive species in the area. Based on field observations, the biologist shall advise the applicant regarding methods to minimize or avoid significant impacts, which could occur upon sensitive species or habitat areas. The applicant shall not undertake any activity that would disturb habitat area unless specifically authorized and mitigated under this coastal development permit or unless an amendment to this coastal development permit for such disturbance has been obtained from the Coastal Commission. 5. Construction Timing. By acceptance of this permit, the applicant agrees that: A. If construction activities, including but not limited to grading, construction, restoration activities, or other disturbance, are to occur between February 1 and September 15, a pre -construction nesting bird survey shall be conducted to determine the presence of active nests within 500 feet of the construction activities. The nesting bird surveys shall be completed no more than 72 hours prior to any construction activities. All ground -disturbance activities within 500 feet of raptor nests or other active nests or as specified below shall be halted until that nesting effort is finished. B. The monitor shall review and verify compliance with these nesting boundaries and shall verify when the nests have been naturally vacated for the season, with no human interference. Work may resume when no other active nests are found. Upon completion of the survey and any follow-up construction avoidance management, a report shall be prepared and submitted to the Executive Director. C. Appropriate noise -abatement measures (e.g., sound walls) shall be implemented to ensure that noise levels are less than 60 A -weighted decibels (dBA) at the active nest of a listed species, as determined by the biological 5-19-0213 (City of Newport Beach, Big Canyon Phase 2A) monitor. This shall be verified by weekly noise monitoring at an equivalent location conducted by a qualified acoustical engineer during the breeding season (February 1 to September 15) or as otherwise determined by a qualified biological monitor based on nesting activity. The applicant further agrees that: Construction during Breeding and Non -Breeding Seasons for Sensitive Species: D. Activities involving disturbance or removal of riparian vegetation shall be prohibited during the least Bell's vireo breeding season (March 15 to September 15). E. Vegetation impacts shall be monitored by a qualified Biologist. The Biological Monitor shall delineate (by the use of orange snow fencing or lath and ropes/flagging) all areas adjacent to the impact area that contain habitat suitable for sensitive bird occupation (i.e., California gnatcatcher, Belding savannah sparrow, light-footed clapper rail) and raptors. F. Prior to and during any disturbance of suitable gnatcatcher habitats outside the gnatcatcher breeding season, the biologist shall locate any individual gnatcatchers on-site and direct clearing to begin in an area a minimum of 300 feet away from the birds. No site disturbance shall occur until the individual birds have naturally vacated the area without human interference. It shall be the responsibility of the permittee to assure that gnatcatchers shall not be directly injured or killed by impacts to Coastal Sage Scrub or other Scrub communities. G. Prior to initiating vegetation impacts or project construction, the biological monitor shall meet on-site with the construction manager or other individual(s) with oversight and management responsibility for the day- to -day activities on the construction site to discuss implementation of the relevant avoidance and minimization mitigation measures for gnatcatchers. The biologist shall meet as needed with the construction manager (e.g., when new crews are employed) to discuss implementation of these measures. The permittee shall undertake development in accordance with the approved final plans. Any proposed changes to the approved final plans shall be reported to the Executive Director. No changes to the approved revised final plans shall occur without a Commission amendment to this coastal development permit unless the Executive Director determines that no amendment is legally required. 6. Construction and Pollution Prevention Plan. PRIOR TO THE COMMENCEMENT OF CONSTRUCTION the applicant shall submit, for the review and written approval of the Executive Director, a final Construction and Pollution Prevention Plan prepared and certified by a qualified licensed professional. The final Plan shall demonstrate that all construction, including, but not limited to, clearing, grading, staging, storage of equipment and materials, or other activities that involve ground disturbance, and creation or replacement of impervious surfaces, complies with the following requirements: 0 5-19-0213 (City of Newport Beach, Big Canyon Phase 2A) 1. Minimize Erosion and Sediment Discharge. During construction, erosion and the discharge of sediment off-site or to coastal waters shall be minimized through the use of appropriate Best Management Practices (BMPs), including: 1. Land disturbance during construction (e.g., clearing, grading, and cut -and -fill) shall be minimized, and grading activities shall be phased, to avoid increased erosion and sedimentation. 2. Erosion control BMPs (such as mulch, soil binders, geotextile blankets or mats, or temporary seeding) shall be installed as needed to prevent soil from being transported by water or wind. Temporary BMPs shall be implemented to stabilize soil on graded or disturbed areas as soon as feasible during construction, where there is a potential for soil erosion to lead to discharge of sediment off-site or to coastal waters. 3. Sediment control BMPs (such as silt fences, fiber rolls, sediment basins, inlet protection, sand bag barriers, or straw bale barriers) shall be installed as needed to trap and remove eroded sediment from runoff, to prevent sedimentation of coastal waters. 4. Tracking control BMPs (such as a stabilized construction entrance/exit, and street sweeping) shall be installed or implemented as needed to prevent tracking sediment off- site by vehicles leaving the construction area. 5. Runoff control BMPs (such as a concrete washout facility, dewatering tank, or dedicated vehicle wash area) that will be implemented during construction to retain, infiltrate, or treat stormwater and non-stormwater runoff. 2. Minimize Discharge of Construction Pollutants. The discharge of other pollutants resulting from construction activities (such as chemicals, paints, vehicle fluids, petroleum products, asphalt and cement compounds, debris, and trash) into runoff or coastal waters shall be minimized through the use of appropriate BMPs, including: 1. Materials management and waste management BMPs (such as stockpile management, spill prevention, and good housekeeping practices) shall be installed or implemented as needed to minimize pollutant discharge and polluted runoff resulting from staging, storage, and disposal of construction chemicals and materials. BMPs shall include, at a minimum: i. Covering stockpiled construction materials, soil, and other excavated materials to prevent contact with rain, and protecting all stockpiles from stormwater runoff using temporary perimeter barriers. ii. Cleaning up all leaks, drips, and spills immediately; having a written plan for the clean-up of spills and leaks; and maintaining an inventory of products and chemicals used on site. iii. Proper disposal of all wastes; providing trash receptacles on site; and covering open trash receptacles during wet weather. iv. Prompt removal of all construction debris from the wetland area. V. Detaining, infiltrating, or treating runoff, if needed, prior to conveyance off- site during construction. 2. Fueling and maintenance of construction equipment and vehicles shall be conducted off site if feasible. Any fueling and maintenance of mobile equipment conducted on site shall take place at a designated area located at least 50 feet from coastal waters, drainage courses, and storm drain inlets, if feasible (unless those inlets are blocked to protect against fuel spills). The fueling and maintenance area shall be designed to fully contain any spills of fuel, oil, or other contaminants. Equipment that cannot be feasibly relocated 10 5-19-0213 (City of Newport Beach, Big Canyon Phase 2A) to a designated fueling and maintenance area (such as cranes) may be fueled and maintained in other areas of the site, provided that procedures are implemented to fully contain any potential spills. 3. Minimize Other Impacts of Construction Activities. Other impacts of construction activities shall be minimized through the use of appropriate BMPs, including: 1. The damage or removal of non-invasive vegetation (including trees, native vegetation, and root structures) during construction shall be minimized, to achieve water quality benefits such as transpiration, vegetative interception, pollutant uptake, shading of waterways, and erosion control. 2. Soil compaction due to construction activities shall be minimized, to retain the natural stormwater infiltration capacity of the soil. 3. The use of temporary erosion and sediment control products (such as fiber rolls, erosion control blankets, mulch control netting, and silt fences) that incorporate plastic netting (such as polypropylene, nylon, polyethylene, polyester, or other synthetic fibers) shall be avoided, to minimize wildlife entanglement and plastic debris pollution. 4. Construction In, Over, or Adjacent to Coastal Waters and Habitat. Construction taking place adjacent to coastal waters and habitat shall protect the coastal waters and habitat by implementing additional BMPs, including: 1. No construction equipment or materials (including debris) shall be allowed at any time outside of the project area. 2. All work shall take place during daylight hours, and lighting of the wetlands is prohibited. 3. Tarps or other devices shall be used to capture debris, dust, oil, grease, rust, dirt, fine particles, and spills to protect the quality of coastal waters. 4. All erosion and sediment controls shall be in place prior to the commencement of construction, as well as at the end of each workday. At a minimum, if grading is taking place, sediment control BMPs shall be installed at the perimeter of the construction site to prevent construction -related sediment and debris from entering the waterways, natural drainage swales, and the storm drain system. 5. Manage Construction -Phase BMPs. Appropriate protocols shall be implemented to manage all construction -phase BMPs (including installation and removal, ongoing operation, inspection, maintenance, and training), to protect coastal water quality. 6. Construction Site Map and Narrative Description. The Construction and Pollution Prevention Plan shall include a construction site map and a narrative description addressing, at a minimum, the following required components: 1. A map delineating the construction site, construction phasing boundaries, and the location of all temporary construction -phase BMPs (such as silt fences, inlet protection, and sediment basins). 2. A description of the BMPs that will be implemented to minimize land disturbance activities, minimize the project footprint, minimize soil compaction, and minimize damage or removal of non-invasive vegetation. Include a construction phasing schedule, if applicable to the project, with a description and timeline of significant land disturbance activities. 11 5-19-0213 (City of Newport Beach, Big Canyon Phase 2A) 3. A description of the BMPs that will be implemented to minimize erosion and sedimentation, control runoff and minimize the discharge of other pollutants resulting from construction activities. Include calculations that demonstrate proper sizing of BMPs. 4. A description and schedule for the management of all construction -phase BMPs (including installation and removal, ongoing operation, inspection, maintenance, and training). Identify any temporary BMPs that will be converted to permanent post - development BMPs. 7. Arch aeological/Cultural Resources. A. By acceptance of this permit, the applicant agrees to comply with the following monitoring conditions during construction: 1. Archaeological monitor(s) qualified by the California Office of Historic Preservation (OHP) standards, and a minimum of 1 Native American monitor from each tribal entity with documented ancestral ties to the area appointed consistent with the standards of the Native American Heritage Commission (NAHC), and the Native American most likely descendent (MLD) when State Law mandates identification of a MLD, shall monitor all project grading, excavation work, site preparation or landscaping activities associated with the approved development. Prior to the commencement and/or re -commencement of any monitoring, the permittee shall notify each archeological and Native American monitor of the requirements and procedures established by this special condition, including all subsections. Furthermore, prior to the commencement and/or re -commencement of any monitoring, the permittee shall provide a copy of this special condition, any archaeological monitoring or research plans, and any other plans required pursuant to this condition and which have been approved by the Executive Director, to each monitor; 2. The permittee shall provide sufficient archeological and Native American monitors to assure that all project grading and any other subsurface activity that has any potential to uncover or otherwise disturb cultural deposits is monitored at all times; B. If an area of cultural deposits is discovered during the course of the project, 1. All construction and subsurface activity that have the potential to uncover or otherwise disturb cultural deposits in the area of the discovery or may foreclose mitigation options shall cease within 50 feet of the deposit immediately and shall not recommence except as provided in subsection C hereof, and the project archaeologist shall prepare and submit a Significance Testing Plan, for review and approval of the Executive Director, identifying measures to be undertaken to determine the significance of the find. The Plan shall be prepared in consultation with the Native American monitors, and the MLD when State Law mandates the identification of a MLD. The Executive Director shall, in writing, determine the adequacy of the Plan if can be implemented without further Commission action, provide written 12 5-19-0213 (City of Newport Beach, Big Canyon Phase 2A) authorization to proceed. The Significance Testing Plan results, along with the project archaeologist's recommendation as to whether the discovery should be considered significant, and the comments of the Native American monitors and MLD when State Law mandates the identification of a MLD, shall be submitted to the Executive Director for a determination of the significance of the discovery. If the Executive Director determines that the discovery is significant, development shall not recommence and the permittee shall submit to the Executive Director a Supplementary Archaeological Plan in accordance with subsection C, below. 3. A permittee seeking to recommence construction following discovery of cultural deposits determined to be significant pursuant to the process established in the Significance Testing Plan in subsection B(i) shall submit a Supplementary Archaeological Plan for the review and written approval of the Executive Director, prepared by the project archaeologist in consultation with the Native American monitor(s), and the Native American most likely descendent (MLD) when State Law mandates identification of a MLD. The Supplementary Archaeology Plan shall identify proposed investigation and mitigation measures; in-situ preservation is the preferred mitigation and can be achieved through such methods such as, but not limited to, project redesign, capping, and deeding the cultural resource areas in open space. In order to protect archaeological resources, any further development may only be undertaken consistent with the provisions of the approved Supplementary Archaeological Plan, as well as, to the extent applicable, the original approved archaeological plan. (i) If the Executive Director approves the Supplementary Archaeological Plan and determines that the Supplementary Archaeological Plan's recommended changes to the proposed development or mitigation measures are de minimis in nature and scope, construction may recommence after this determination is made in writing by the Executive Director. (ii) If the Executive Director approves the Supplementary Archaeological Plan but determines that the changes therein are not de minimis, construction may not recommence until after an amendment to this permit is approved by the Commission to authorize a new archaeological approach. (iii)A report verifying compliance with this condition shall be submitted to the Executive Director for review and written approval, upon completion of the mitigation measures detailed in the approved archaeological monitoring plan and/or Supplementary Archaeological Plan required to protect significant archaeological finds. 8. Other Agency Approvals. PRIOR TO ISSUANCE OF THE COASTAL DEVELOPMENT PERMIT, the applicant shall provide to the Executive Director a copy of each permit issued by the California Department of Fish and Wildlife, Regional Water Quality Control Board, US Army Corps of Engineers, the US Fish and Wildlife Service, and the State Lands Commission (hereinafter "other resource agencies"), or a letter of permission, or evidence that no permit or permission is required. The applicant shall inform the Executive Director of any changes to the project required 13 5-19-0213 (City of Newport Beach, Big Canyon Phase 2A) by the other resource agencies_ Such changes shall not be incorporated into the project until the applicant obtains a Commission amendment to this coastal development permit, unless the Executive Director determines that no amendment is legally required. IV. FINDINGS AND DECLARATIONS A. PROJECT LOCATION AND DESCRIPTION The project site is located within the City of Newport Beach on 11.32 acres within the eastern portion of the 60 -acre Big Canyon Creek Nature Park located between Jamboree Road and Back Bay Drive to the east and west, and bounded by residential communities to the North and South along the creek bluffs, approximately 1 mile north of Pacific Coast Highway. Located on the east side of Upper Newport Bay, Big Canyon Creek winds through the Big Canyon Nature Park in a southeast to northwest direction and into the Upper Newport Bay State Ecological Reserve (EXHIBIT 1). The Big Canyon watershed is roughly 1,300 acres extending approximately 3 miles east from Back Bay Drive into the San Joaquin Hills. The area is located between the first public road and the Bay and is designated open space in the City's certified Land Use Plan. The site is in a natural canyon with steep canyon slopes, a narrow floodplain, and a perennial stream (Big Canyon Creek), which flows west into the Upper Newport Bay. Slopes of the canyon range in elevation from 20-75 feet above mean sea level (MSL) and the canyon creek elevation ranges from below MSL to 25 feet above MSL. The canyon represents the only remaining natural, undeveloped portion of the Big Canyon Creek watershed, and is the only significant remaining natural canyon on the east side of Newport Bay. The Big Canyon Creek Watershed is approximately 2 square miles and drains directly into Upper Newport Bay. As part of the City's phased approach to the Big Canyon Habitat Restoration Project, Phase 1 of the project resulted in the capture of dry weather flows and diversion around high -selenium containing groundwater seeps which are collected and diverted to the sanitary sewer. These measures have resulted in water quality improvements that would otherwise have had the potential to impact downstream restoration efforts. Phase 2B and 2C of the Big Canyon Creek Restoration project are located immediately downstream from Phase 2A, and occur on property owned by the California Department of Fish and Wildlife. Projected restoration of these areas is expected to include invasive plant removal and management, stream corridor enhancement, remediation of the selenium -impacted freshwater pond and revegetation with native plants. Phases 2B and 2C are not considered a part of this application, and will be proposed as separate projects as future funding becomes available. The restoration project is a voluntary restoration project driven by the City with grant funding; it is not mitigation to offset impacts from other development. The project site is located on public trust lands managed by the City of Newport Beach. Phase 2 of the restoration project is located between Phase 1, located immediately adjacent to Jamboree Road southeast of the subject site, and the California Department of Fish and Wildlife Property, located to the northwest boundary of the subject site immediately adjacent to Upper Newport Bay (EXHIBIT 2). The 11.3 acre subject site currently contains 6.33 acres of invasive pepper tree grove, 2.91 acres of mixed arroyo willow/pepper tree grove, 0.58 acre of alkali heath marsh alliance, 0.40 acres of 14 5-19-0213 (City of Newport Beach, Big Canyon Phase 2A) freshwater marsh, and 0.28 acre of Menzies's goldenbush scrub alliance, and 0.82 acre of bare areas. Almost the entire project site (approximately 10.47 acres) is delineated as wetland/riparian (EXHIBIT 3). Phase 2 of The Big Canyon Creek Restoration Project proposes to re-establish a functioning complex of wetland and upland habitats by: 1) removing exotic and invasive plants; 2) replanting native vegetation to create a mosaic of coastal habitats; 3) restore, enhance and improve the resiliency of the riparian habitat by creating wet and high alkali marsh habitat; and 4) reduce creek channel erosion and restore connectivity between the creek channel and floodplain (EXHIBIT 5). More than half of the project area is dominated by invasive Brazilian pepper trees, which has a negative impact on the quality of the riparian corridor and adjacent habitat zones. Native to South America and introduced as an ornamental plant in the 1840s, Brazilian pepper trees form dense and monospecific stands that crowd out native species, and produce chemicals that inhibit the growth of native plant species.' In order to remove the Brazilian pepper tree without the use of chemicals, the entire tree including the root ball must be removed, because simply cutting the tree will not kill it; its roots quickly produce several new shoots, and in many cases proliferate when under stress. Therefore, the City is proposing to remove the entire pepper tree grove which will require extensive clearing and grubbing in approximately 6.33 acres utilizing excavators and backhoes. Selective removal of exotic trees and other invasive plants will be conducted in an additional 2.41 -acre area of existing woody riparian vegetation that contains pepper trees. The total area of clearing, grubbing and selective vegetation removal for restoration purposes is 9.24 acres (EXHIBIT 4). Clearing and removal of non-native pepper trees with large canopies and root systems will leave behind depressions in the stream banks and surrounding soil where the large root masses were removed. The remaining voids will be back-filled utilizing soils that will be relocated from grading activities along the creek banks which will be pulled -back, widening the creek to provide better connectivity to the floodplain. The removal of pepper trees and root systems located within and adjacent to the stream banks will be conducted with bank stabilization efforts. In reaches where the existing channel is deeper than desired, removal of the trees will create an opportunity to adapt the root ball depressions into a wider and more stable floodplain which will improve the continuous flow of the water in the creek, which will improve the quality of the water in the creek by reducing erosion, and reducing the concentration of metals, toxics, nutrients, and bacteria. There is currently an existing depression in the northwest corner of the project site that collects water from the storm drain outlet above, and becomes a mosquito vector habitat when wet weather flows from the storm drain outlet enters the scour pond. In an effort to remediate this condition, the City is proposing to line the scour pond with approximately 80 cubic yards of rip rap to facilitate better drainage and prevent erosion, in addition to grading the side channel that drains from the scour pond to the creek, which will direct the discharge flow from the storm drain to the proposed re-contoured and stabilized channel. Construction of the project is expected to occur in phases over the course of 5 months, beginning in fall of 2019, and will include the creek restoration and habitat restoration and enhancement. Three 1 Brazilian pepper trees are allelopathic. U.S. Department of Agriculture, National Invasive Species Information Center, https://www.invasivespeciesinfo.gov, July 26, 2019. 15 5-19-0213 (City of Newport Beach, Big Canyon Phase 2A) potential excavation and grading equipment access points are located around the perimeter of the project area within existing vehicle access roads utilizing temporary ramps that will be removed upon completion of the project. Temporary stockpiling of soils will be located within the restoration area identified as the construction staging area/material stockpile area on the southwest portion of the project area. Approximately eight employees will be present on the project site, and construction hours will occur between 7:00 am and 6:30 pm consistent with the City's Municipal Code (Exhibit 6). As previously described, Big Canyon provides habitat for numerous plant and wildlife species. Several federally listed plant and avian species associated with wetland and marsh habitats have been observed or have a high potential to occur within the project area. Many of the habitats and plant communities are fragmented, discontinuous, and threatened by invasive plants such as Brazilian peppertree and myoporum. The existing utility access road constructed as a part of Phase 1 will continue to serve as the 15 foot wide public trail with access from Jamboree Road. The trail would connect to a proposed 3.5 foot wide trail north of the stilling basin and follow the creek bank, eventually connecting to an existing trail network within the creek bed leading to Back Bay Drive and the bay (EXHIBIT 2). Overall, the project will result in improved water quality and habitat for the Upper Big Canyon through the removal of approximately 10 acres of invasive species and the creation, restoration and enhancement of riparian habitat, and the restoration of upland habitat (coastal sage scrub). Watershed improvements include the transformation of toxins, flood flow attenuation, and habitat improvement for Upper Big Canyon. The applicant expects to start construction in the fall, outside of the nesting season. B. STANDARD OF REVIEW The City of Newport Beach LCP was effectively certified on January 13, 2017. The standard of review for development within the City's permit jurisdiction is the City's certified LCP. The subject property is within an area of public trust lands managed by the City, added to the trust in 1998 by Senate Bill 575 (1997). Public trust lands are within the Commission's retained permit jurisdiction, therefore the standard of review for development within the Commission's original permit jurisdiction is Chapter 3 of the Coastal Act, although the City's certified LCP is advisory in nature and may provide guidance. C. BIOLOGICAL RESOURCES Section 30230 of the Coastal Act states: Marine resources shall be maintained, enhanced, and where feasible, restored. Special protection shall be given to areas and species of special biological or economic significance. Uses of the marine environment shall be carried out in a manner that will sustain the biological productivity of coastal waters and that will maintain healthy populations of all species of marine organisms adequate for long-term commercial, recreational, scientific, and educational purposes. Section 30231 of the Coastal Act states: 16 5-19-0213 (City of Newport Beach, Big Canyon Phase 2A) The biological productivity and the quality of coastal waters, streams, wetlands, estuaries, and lakes appropriate to maintain optimum populations of marine organisms and for the protection of human health shall be maintained and, where feasible, restored through, among other means, minimizing adverse effects of waste water discharges and entrainment, controlling runoff, preventing depletion of ground water supplies and substantial interference with surface water flow, encouraging waste water reclamation, maintaining natural vegetation buffer areas that protect riparian habitats, and minimizing alteration of natural streams. Section 30233 of the Coastal Act states in part: (a) The diking, filling, or dredging of open coastal waters, wetlands, estuaries, and lakes shall be permitted in accordance with other applicable provisions of this division, where there is no feasible less environmentally damaging alternative, and where feasible mitigation measures have been provided to minimize adverse environmental effects, and shall be limited to thefollowing: (6) Restoration purposes. Section 30236 of the Coastal Act states: Channelizations, dams, or other substantial alterations of rivers and streams shall incorporate the best mitigation measures feasible, and be limited to (1) necessary water supply projects, (2) flood control projects where no other method for protecting existing structures in the floodplain is feasible and where such protection is necessary for public safety or to protect existing development; or (3) developments where the primary function is the improvement offish and wildlife habitat. Section 30240 of the Coastal Act states: (a) Environmentally sensitive habitat areas shall be protected against any significant disruption of habitat values, and only uses dependent on those resources shall be allowed within those areas. (b) Development in areas adjacent to environmentally sensitive habitat areas and parks and recreation areas shall be sited and designed to prevent impacts which would significantly degrade those areas, and shall be compatible with the continuance of those habitat and recreation areas. Section 30107.5 of the Coastal Act defines environmentally sensitive habitat or ESHA as: "Environmentally sensitive area " means any area in which plant or animal life or their habitats are either rare or especially valuable because of their special nature or role in an ecosystem and which could be easily disturbed or degraded by human activities and developments. 17 5-19-0213 (City of Newport Beach, Big Canyon Phase 2A) Although Chapter 3 of the Coastal Act is the standard of review for this project, policies equivalent to Section 30230, 30231, 30233, 30236 and 30240 of the Coastal Act are included in the Newport Beach Coastal Land Use Plan (LUP). Furthermore, the following LUP policies, among others, frame the issues of concern for the Big Canyon Environmental Study area (ESA)2 as well as measures to address those issues. The LUP states (emphasis added): Potential impacts to the natural habitats in this study area (Big Canyon) include erosion, creek water quality run& sedimentation, increased human activity, noise, invasive species, and uncontrolled public access. The goals of the restoration project will address several of the impacts noted in the LUP, listed above and restore the quality of the Big Canyon Creek ESA. Policy 4.1.3-1: Utilize the following mitigation measures to reduce the potential for adverse impact to ESA natural habitats from sources including, but not limited to, those identified in Table 4.1.1: B. Where pedestrian access is permitted, avoid adverse impacts to sensitive areas from pedestrian traffic through the use of well defined footpaths, boardwalks, protective fencing, signage and similar methods. C. Prohibit the planting of non-native plant species and require the removal of non -natives in coniunction with landscaping or revegetation projects in natural habitat areas. D. Strictly control encroachments into natural habitats to prevent impacts that would significantly degrade the habitat. H. Participate in implementation of Total Maximum Daily Loads (TMLDs). I. Participate in programs to control sedimentation into and within Upper Newport Bad J. Use docent programs to actively manage and enforce CDFG regulations in marine protected areas regarding the taking of intertidal and subtidal plants and animals and to minimize incidental trampling. M. Implement TMDLs into Newport Bay and local watersheds to minimize water yualib� problems along the coastline. N. Prohibit invasive species and require removal in new development. O. Implement and enforce TMDLs in watershed and User Newport Bay to improve water quality in Newport Harbor. 2 The Land Use Plan defines Environmental Study Area as "...Relatively large, undeveloped areas containing natural habitats and may be capable of supporting sensitive biological resources." UK 5-19-0213 (City of Newport Beach, Big Canyon Phase 2A) Marine Resources Section 30230 of the Coastal Act states that marine resources shall be enhanced and restored and Section 30231 requires controlling runoff, preventing substantial interference with surface water flow and alteration of streams, and maintaining vegetation buffers around riparian habitats. The project as proposed meets the requirements of these sections and the goals of the project are consistent with the Coastal Act. Of the 11.3 acres of riparian habitat, approximately 10.47 are wetlands (Exhibit 6). While the project has been designed and conditioned to avoid permanent impacts to native riparian habitat and jurisdictional wetlands, the project proposes to restore segments of Big Canyon Creek that have been eroded and incised, which will require grading in the creek, vegetation removal, and excavation for stream restoration. Therefore, temporary impacts are unavoidable, but the project as designed and conditioned will result in a much higher functioning wetland ecosystem with higher water quality Big Canyon Creek is currently in a mostly natural, un -channelized condition within the Project Area. The creek drains approximately two square miles of urban developed land. The reservoir, irrigation water, and surface runoff provide a perennial supply of water to Big Canyon Creek and adjacent wetland areas. Big Canyon Creek drains into Upper Newport Bay through two culverts under Back Bay Road and into a salt marsh system on the western side of the road. Tidal activity occurs only within the salt marsh areas and currently has little or no influence on the freshwater systems to the east of Back Bay Road. The natural function of Big Canyon includes accommodating storm events and flooding; during large floods, such as a 100 -year flood, the entire canyon floor becomes inundated. This natural flooding process provides the necessary soil moisture for plant growth. However, the channel banks and inverts are subject to erosion and sedimentation during flood events which may cause damage to roadways, the existing boardwalk bridge, and other infrastructure. Erosion and sedimentation also negatively impact habitat quality in the canyon and ultimately of Upper Newport Bay. An element of the Big Canyon Nature Park restoration project is to improve the creek flow, minimize areas of scour and sedimentation, which will improve water quality entering the bay. Overall, the project will result in improved water quality and habitat for Big Canyon by improving creek flow, reducing erosion and sediment entering the bay, and floodplain restoration. Watershed improvements include the restoration of the hydrological connection with the creek and the flood plain, reducing bank erosion and improving water quality through natural filtration and infiltration, planting of native vegetation, and bank stabilization efforts which will improve benthic macro - invertebrate habitat for Big Canyon Creek. The existing trail locations avoid impacts to sensitive areas and are limited to the creek banks. The trail surrounding the project area provides a clearly defined path of travel for public access and recreation without disturbing the sensitive resources. In addition, the revegetation plan includes the planting of barrier plants along the northwest portion of the creek where the creek runs under the pedestrian path to create a physical barrier protecting the sensitive areas from hikers. The project is consistent with policy 4.1.3-1: C, above, that requires the removal of non -natives during any revegetation project. 19 5-19-0213 (City of Newport Beach, Big Canyon Phase 2A) The project is consistent with policies above referring to TMDLs in that this phase of the project continues to address excess sediment and toxins within the creek. In order to improve water quality and the marine environment of the bay and the creek, TMDLs are established by the EPA in order to set limits on any contaminants that can be present in bodies of water in order to protect human health and wildlife health using the water sources. Concentrations of selenium above water quality criteria for selenium under the California Toxics Rule chronic freshwater criteria have been measured in dry weather flows in Big Canyon Creek, and moderate selenium concentrations have been recorded near the mouth of the creek since the 1970s. While selenium is an essential micronutrient for normal animal nutrition, small concentrations above those required may produce toxic effects which range from physical malformations during embryonic development to sterility and death. Since selenium in aquatic ecosystems is readily taken up by aquatic organisms, concentrations can easily reach levels toxic to fish and other wildlife. In 2002, the EPA established the TMDLs for toxic pollutants, including selenium, for Newport Bay. After a significant study, the City of Newport Beach ascertained that the source of the excess selenium is a natural source within the underlying Miocene Monterey Soil Formation, which is a natural land faction that forms much of the white bluffs of the creek banks and extends along the entire watershed. The marine formation has many elements that can be hazardous to aquatic life, health, and the environment when in excess of the TMDLs. The changes to the canyon hydrology due to urbanization have likely contributed to the mobilization of selenium by disturbing the underlying formation. Prior to urbanization, the Big Canyon Creek likely functioned as an ephemeral stream and only had water in it during the wet season. Surface waters are now present in the creek year-round because of the impermeability of the surrounding developed areas, which support a variety of beneficial uses including a freshwater pond in the creek bed, marsh and riparian habitats, however in order to protect the habitats, excess selenium must be addressed. The LUP includes policies to ensure that the water quality of the creeks and bay are protected and the project as proposed implements these policies. The City is implementing a selenium reduction program in the watershed that includes dry weather diversions and other measures to reduce the selenium concentrations in the creek. The City has implemented selenium reduction measures as part of Phase 1 (CDP No. 5-16-0059) through the installation of the underground bioretention cell and modified constructed wetland designed to treat pollutants found in urban watersheds, including selenium, which have reduced the concentration of selenium in dry weather flows in Big Canyon Creek.3 Upper Newport Bay is listed as an impaired water body under section 303(d) of the Clean Water Act. According to this classification, the following contaminants occur in both Upper and Lower Newport Bay: pesticides and metals, nutrients, pathogens, and sediments/siltation. Phase 2 intends to help meet these TMDLs by addressing the polluted runoff in the creek before contaminated water reaches Upper Newport Bay. The proposed Project includes an integrated system of water quality 3 Water samples have demonstrated that selenium concentrations prior to the implementation of Phase 1 were higher than then they are today (23 ug/l vs. 13-15 ug/1) Pohl, David H. "Re: Coastal Commission Questions" Message to Scott Holbrook. July 24, 2019. Email. PIC 5-19-0213 (City of Newport Beach, Big Canyon Phase 2A) improvement components, erosion and sedimentation control and use of natural habitats, and addresses not only excess selenium, but will also prevent other pollutants from reaching the Bay contributing to overall improved water quality and an improved marine environment. There is a potential for discharge of polluted runoff from the project site into Upper Newport Bay as a result of the proposed development. Sections 30230 and 30231 of the Coastal Act require that marine resources and the biological productivity of coastal water be maintained and enhanced. Storage or placement of construction materials, debris, or waste in a location subject to erosion and dispersion or which may be discharged into coastal waters via rain or wind would result in adverse impacts upon the marine environment that would reduce the biological productivity of coastal waters. For instance, construction debris entering coastal waters may cover and displace soft bottom habitat. However, construction best management practices will be implemented to avoid or minimize impacts to the environment. Therefore, the proposed project is not anticipated to result in any significant adverse impact to marine resources or water quality. The proposed development includes measures to address discharge of polluted run-off from the surrounding urban areas into coastal waters. As construction activities may generate debris or sediment that could enter the wetlands, the creek, or Newport Bay, Special Condition 8 requires the applicant to adhere to construction BMPs. The development, as proposed and as conditioned, incorporates design features to minimize the effect of construction activities on the marine environment. The Commission finds that the proposed development, as conditioned, conforms with Sections 30230 and 30231 of the Coastal Act regarding the protection of water quality to promote the biological productivity of coastal waters and to protect human health. Filling of Wetlands Section 30233 governs projects that result in fill of wetlands, and provides that fill of wetlands may occur if a three-part test is satisfied: 1) the fill is for a use designated in the statute to be an allowable use, 2) there are no feasible less environmentally damaging alternatives, and 3) feasible mitigation measures have been provided to minimize adverse environmental effects. The biological report submitted by the applicant indicates that the project area for Phase 2 of the project contains approximately 10.47 acres of jurisdictional wetlands, including riparian and marsh habitat. As discussed above, approximately 80 cubic yards of rip rap, covering approximately 2,160 square feet of wetland, will be placed in an existing scour pond below an existing storm drain outfall in the northern portion of the project site. Thus, the project will result in fill of wetlands and must comply with Section 30233. Although the project has been designed to avoid permanent impacts to wetlands, the project proposes to restore segments of Big Canyon Creek that have been eroded and incised, and that have partly isolated the channel from the floodplain through grading back the incised bank to restore connectivity with the floodplain. Therefore, temporary effects to waters, wetlands, and associated riparian habitat are unavoidable, but the resulting restored habitat would provide superior ecological benefits and will not result in any loss of jurisdictional wetlands. Temporary impacts to jurisdictional wetland areas would occur from implementation of riparian habitat restoration, including grading. The City proposes to re -contour the channel bank by pulling back the upper banks along approximately 660 linear feet of the channel within the pepper tree 21 5-19-0213 (City of Newport Beach, Big Canyon Phase 2A) grove areas, up to an average of about 30 feet on each side of the channel to an average depth of 1.5 feet. This would create hydrologically connected floodplain areas that would be seasonally inundated. Following clearing and removal of invasive pepper trees, including the bulk of associated root material in the upper 2 to 3 feet of soil, various measures would be implemented to stabilize and then revegetate the channel and ad j scent areas. Out of the approximately 10.47 acres of CCC delineated wetlands, approximately 6.79 acres will be effected by clearing and grubbing, and approximately 2.40 acres will be effected by selective invasive vegetation removal. A total of 9.19 acres of wetland habitat will be impacted by other restoration activities associated with the repair of the creekbed and floodplain. Overall, the restoration project will replace a majority of the degraded and dysfunctional wetlands that exhibit mainly a monoculture of low value pepper tree habitat with a fully functioning, diverse mosaic of several types of native, natural wetland with much greater habitat value to wildlife. In order to be consistent with Section 30233, a project that involves filling or dredging in a wetland must meet the three -prong test. The use must be one of the uses specifically allowed, it must be the least environmentally damaging alternative, and it must provide adequate mitigation to offset any impacts created by the project. The project does meet the list of limited approvable projects for fill of wetlands under section 30233(a)(6) and has been designed to be the least environmentally damaging alternative and includes measures to minimize adverse environmental effects. 1. Allowable Use Section 30233(a)(6) of the Coastal Act provides that the filling of wetlands is permitted for restoration purposes. The project is a restoration project in that it will remove approximately 9.5 acres of invasive vegetation that are degrading the habitat, and restore appropriate habitat and functional hydrology of the creek by limiting bank erosion (discussed under `sedimentation' below). The project will also protect and improve the quality of the water flowing through the creek and into the bay and the Pacific Ocean. Finally, the project is considered a restoration of the riparian and wetland habitat in the creek bed by removing large amounts of non-native vegetation that occupy a large portion of the flood plain and is a restoration of upland areas to coastal sage scrub. Specifically, the 80 cubic yards of fill for the scour pond is a critical part of the restoration because it prevents the erosion of the surrounding wetland and surrounding habitat when large volumes of storm water flow onto the project site. The proposed use, restoration, includes some fill, and is identified as allowable pursuant to Section 30233 (6). Therefore, the proposed development is consistent with Section 30233 of the Coastal Act with regard to uses which include fill within wetlands. 2. Alternatives Section 30233 requires the permitted project to be the least environmentally damaging alternative. The applicant provided three alternative projects that consisted of additional permanent impacts to wetlands than the proposal, including a no project alternative. Alternative 1: No Project As discussed, the current site conditions of the project area (i.e. presence of invasive Brazilian pepper tree grove monoculture, PSHB infestation of native and non-native vegetation, disconnected hydrology causing erosion and reducing water infiltration and filtration) have diminished the habitat value of this section of the creek and surrounding riparian area, and have minimized 22 5-19-0213 (City of Newport Beach, Big Canyon Phase 2A) available habitat for native species. According to the biological assessment submitted with the application x , no State or federally listed or protected species have been observed for many years under these existing site conditions, and only a very few special status species utilize the area due to the degraded habitat. Moreover, current conditions do not contribute to lowering selenium concentrations, standing water creates breeding habitat for mosquitos contributing to vector control issues, and PSHB infestation will continue to spread if not treated or removed. Therefore, this alternative is not the least environmentally damaging alternative. Alternative 2: Reduced Project Area, More Planting of Native Riparian Woodland Species In an effort to consider options that would be most cost effective, the applicant analyzed the option of planting a broad woody riparian habitat corridor with native trees similar to existing conditions (i.e., replacing pepper tree forest with native riparian woodland species), with aggressive management of PSHB within the restoration and enhancement areas. Although this option was more affordable and was more favorable to nesting birds (such as Least Bells Vireo), it is not necessarily typical or representative of natural or historic ecological conditions, which indicate woody riparian habitat accounting for more of a narrow "ribbon" along the creek likely due to historically insufficient hydrology to support willow -dominated riparian woodland. Additionally, a more willow dominant habitat would provide a less complex habitat mosaic, and would be more susceptible to PSHBs that target woody vegetation, which would require more aggressive PSHB management. Moreover, restoration of a less complex habitat mosaic (one that is willow dominant) was ultimately inconsistent with the project's objective to increase habitat and species diversity. Therefore, this alternative is not feasible and does not maximize the habitat value of the area given these technological constraints. Alternative 3: Expand Brackish Marsh The third alternative included the expansion of brackish marsh habitat through excavation and contouring the floodplain to promote saturation from groundwater. This alternative would require amending the soil to decrease salinity, and the addition of organic material, compost tea and other "plant probiotics" to bolster willow health against PSHB infestation. Considerations favoring this alternative included the reduction of need for PSHB management efforts for the riparian corridor, and that adding marsh habitat could provide mitigation potentially needed for phase 2B. However, the increase in brackish marsh areas would create more ponding and stagnant water, which would create more favorable mosquito breeding habitat, and would also increase the bioavailability of selenium because selenium in a freshwater system increases in standing water. Finally, this option involved the most site grading to connect the marsh area, and there was a potential to intrude into the shallow groundwater aquafer which was not preferable. As such, this alternative is not the least environmentally damaging feasible alternative. For the forgoing reasons, Alternative 4, the proposed project, is the least environmentally damaging feasible alternative for the restoration, because it improves the quantity, quality, and complexity of aquatic and riparian habitats and improves lateral connectivity within the high flow channel to various degrees, and avoids creating favorable mosquito breeding habitat. The alternatives analysis submitted by the applicant demonstrates that the proposed project has been designed to avoid permanent impacts to wetlands to the maximum extent feasible and is the least environmentally damaging alternative. There is no alternative that would include less fill than the proposed 80 cubic yards of rip rap that would support the restoration of the remainder of the 23 5-19-0213 (City of Newport Beach, Big Canyon Phase 2A) wetland and creek bed. Therefore, the proposed development is consistent with Section 30233's requirement that there are no feasible, less environmentally damaging alternatives. 3. Mitigation Section 30233 of the Coastal Act requires that wetland projects include mitigation measures to minimize adverse environmental effects. As stated, the proposed vegetation removal and re - contouring of the creek to restore floodplain connectivity will temporarily impact the habitat, but the project has been designed and conditioned to minimize and mitigate adverse environmental effects. In summary, the goal of the proposed development is habitat restoration, where wetlands will be restored and enhanced through restoring floodplain functions that sustain habitat, removing non- native vegetation, and planting native riparian species. Therefore, the project results in overall more biologically productive wetlands. Therefore, the Commission finds that the proposed development, as conditioned, conforms with Section 30233 of the Coastal Act because it is an allowed use within wetlands, is the least environmentally damaging alternative, and provides more than sufficient mitigation for any adverse environmental impacts. Sedimentation Big Canyon Creek in its current state is degraded as a result of upstream development, historical grazing and agricultural activities, increased peak flows during storms, and year round dry weather flows from urbanization in the watershed. As a result, the creek segment within Phase 2A exhibits un -vegetated erosion prone stream banks, stream channel incision, and loss of floodplain connectivity where the sections of the creek are incised with steep streambanks that are isolated from the floodplain. Water polluted with sediment can prevent animals from seeing food in the water. Sediment laden water can also prevent natural vegetation from growing in that water. Sediment in stream beds can also disrupt the natural food chain by destroying the habitat where the smallest stream organisms live. Therefore, grading is proposed to occur within a limited area along the channel segments. Banks higher than 2 feet high will be contoured back at a gentle slope to intercept the existing valley floor not more than 30 feet either side of the channel. This would create hydrologically connected floodplain areas that would be seasonally inundated. The grading would create a gentle slope where riparian vegetation would be planted that would reduce potential bank erosion and improve water quality through natural filtration and infiltration. The project proposes to restore segments of the creek within Phase 2A that have been eroded and incised thereby achieving greater water quality, consistent with Coastal Act policies 30230 and 30231. Alteration of the Creek The Project intends to restore the physical channel and floodplain functions that sustain habitat by restoring a stable channel cross section with areas where the channel overflows seasonally onto the floodplain to create seasonal wetlands. Due to the environmental sensitivity of the site, no major engineering work is proposed to armor the creek and canyon. Section 30236 of the Coastal Act limits substantial alterations to creeks. The proposed project would maintain the same drainage paths and patterns as currently exist. Section 30236 of the Coastal Act requires mitigation for projects that substantially alter streams and are limited to water supply projects, flood control projects, or improvement of fish and wildlife habitat. This project will improve the creek flow by restoring connectivity of the creek with the 24 5-19-0213 (City of Newport Beach, Big Canyon Phase 2A) floodplain, will maintain the flow within the current creek bed and does not involve damming or channelizing the creek. The project is not a water supply project, nor a flood control project, however the project will enhance the fish and wildlife habitat of the creek and the bay as a result of the restoration of the floodplain, so it is an allowed alteration of the creek under section 30236, and the proposed project as designed and conditioned by this permit incorporate the best mitigation measures feasible. The proposed riparian restoration would serve to enhance and restore marine resources. The biological productivity and the quality of coastal waters, tidal marsh, Big Canyon Creek, and wetlands would be enhanced and restored. Restoration of the riparian habitats will improve habitat and water quality for wildlife species and restore migratory corridors within the Project Area. Therefore, the Commission finds that the proposed development, as conditioned, conforms with Sections 30236 of the Coastal Act. Land Resources within the Restoration Project Area Pursuant to subsection 30240(a) of the Coastal Act, development in environmentally sensitive habitat areas (ESHA) is limited to uses that are dependent on the resource and must protect against any significant disruption of habitat values. Under section 30240(b), development that occurs adjacent to ESHA must be sited and designed to prevent impacts which would significantly degrade those areas, and must be compatible with the continuance of those habitat areas. 1. ESHA in Project Area Several of the habitat types surrounding the creek in the Phase 2A project area qualify as ESHA. The LUP states that all riparian habitat within the study areas are ESHA unless there is site-specific evidence to the contrary (LUP Section 4.1.3, page 4-15). Section 4. 1.1 of the LUP specifically identifies these habitats as ESHA: Scrub habitats, including southern coastal bluff scrub, maritime succulent scrub, and Diegan coastal sage scrub and Riparian habitats, including southern willow scrub, southern coast live oak riparian forest, southern cottonwood willow riparian forest, southern arroyo willow forest, southern black willow forest, and southern sycamore alder riparian woodland. The entire project site (approximately 11.3 acres) is riparian habitat. The area currently consists of 6.33 acres of invasive pepper tree monoculture, 2.91 acres of mixed arroyo willow/pepper tree grove, 0.58 acre of alkali heath marsh alliance, 0.40 acres of freshwater marsh, and 0.28 acre of Menzies's Goldenbush scrub alliance, and 0.82 acre of bare areas. The proposed project will not occur in the freshwater marsh and alkali meadows; however, the project would restore the areas that contain mixed arroyo willow/pepper tree grove vegetation community. The riparian and CSS habitat has the potential to provide nesting and foraging resources for sensitive species including the Least Bell's Vireo, the California Gnatcatcher, raptors and other species. The applicant's biological report titled DRAFT Biological Resources Technical Report, Big Canyon Coastal Habitat Restoration and Adaptation Project – Phase 2A, dated July 2018, prepared by Environmental Science Associates, in addition to the Response to Comments and Errata/Revisions on the Initial Study/Mitigated Negative Declaration for the Big Canyon Coastal Habitat Restoration and Adaptation Project—Phase 2a dated January 8, 2019, identifies three ESHAs within the project site, which include freshwater marsh, alkali meadow, and Menzies's Goldenbush 25 5-19-0213 (City of Newport Beach, Big Canyon Phase 2A) Scrub Alliance. The applicant's study concludes that the pepper tree forest and mixed arroyo willow/pepper tree forest in the project site do not rise to the level of ESHA due to the non-native pepper tree invasion that is currently severely degrading the habitat value of the area. The Commission Staff Ecologist did not make a determination as to whether the mixed arroyo willow/pepper tree forest rises to the level of ESHA, however, as numerous decisions of the Commission confirm, ESHA that is impacted by invasive vegetation does not lose its status as an environmentally sensitive habitat area. The LUP provides that all riparian habitat is presumed to be ESHA unless there is site-specific evidence to the contrary. Here, the applicant's evidence that some of the riparian habitat on-site is impacted by invasive vegetation does not overcome the presumption that the riparian habitat is, in fact, ESHA. Therefore, the majority of the project site, consisting of 11.3 acres of riparian habitat, is presumed to be ESHA and the project must comply with Section 30240 of the Coastal Act. As discussed below, the project is consistent with Section 30240 with respect to both development in and adjacent to ESHA. However, even if some of the riparian habitat is not treated as ESHA, the majority of the project site qualifies as wetlands such that the project must comply with the requirements of Section 30233, discussed above. Thus, as a practical matter, the designation (or not) of the project area as ESHA would not change any of the recommended special conditions. 2. Development in ESHA As stated above, under section 30240(a), development that occurs in designated ESHA must satisfy two tests: 1) it must be for a use that is dependent on the resource, and 2) it must protect against any significant disruption of habitat values. The purpose of Phase 2A of the restoration project is to re-establish a functioning complex of wetland and upland habitats along a portion of Big Canyon Creek that is downstream of Phase 1 of the project, and primarily involves removal of non-native vegetation (pepper trees) and replanting native vegetative communities. More specifically, the development involves the following development in riparian habitats: 9.24 acre area where the pepper trees will be removed will be replanted with: 1.16 acres of riparian vegetation resilient to PSHB; 1.94 acres of Wet Alkali Meadow Community; and 3.26 acres of High Alkali Meadow Community. The majority of the bare areas that cover the perimeter of the project area will be planted with 0.48 acre of upland transition habitat including coastal sage scrub species. The remaining 2.40 acres of native riparian habitat will be enhanced through selective removal of invasive plants and replaced with native riparian vegetation resilient to PSHB and PSHB management for existing infested woody riparian plants. The restoration of the floodplain, containing riparian ESHA, is a use that is dependent on the resource (habitat restoration and nature study). While the proposed restoration project will have temporary impacts to riparian habitat, the proposal is a habitat restoration project that, once completed, will contribute to the increased productivity of the habitat. Without the proposed project the highly invasive vegetation would continue to proliferate and displace native habitat for native species. The improvement to the water quality of the creek and wetlands is part of the holistic restoration of the wetlands and habitat. 26 5-19-0213 (City of Newport Beach, Big Canyon Phase 2A) Resource dependent development, such as habitat restoration and nature study, is allowed in ESHA under the Coastal Act. While proposed project will disrupt the habitat temporarily, post -project, the restored habitat will be of a much higher value to the wildlife and adjacent open space, and will be compatible with the continuance of the ESHA. The project enhances the quality of the existing habitat by including major riparian and wetland creation/restoration. 3. Development Adjacent to ESHA Under section 30240(b), development that occurs adjacent to ESHA must be sited and designed to prevent impacts which would significantly degrade those areas, and must be compatible with the continuance of those habitat areas. Even accepting the conclusion of the applicant's study that the pepper tree forest is not ESHA, development will occur adjacent to known ESHA communities, including freshwater marsh and alkali meadow communities. Thus, the project must ensure that the project has been designed to prevent impacts that would significantly degrade those sensitive communities, and must be compatible with the continued existence of the habitat areas. The applicants submitted a conceptual habitat restoration plan, which consists of establishing approximately 3.26 acres of High Alkali Meadow Community, 1.94 acres of Wet Alkali Meadow Community; 0.48 acres of Upland Transition Habitat; and approximately 2.40 acres of selective removal of invasive plants and replacement with native riparian habitat resilient to PSHB; and PSHB Management for existing infested Woody Riparian Plants. To ensure that potential impacts to the sensitive species are avoided, all work is conditioned to occur outside nesting season. To ensure the proposed project incorporates and implements this measure, the Commission imposes Special Condition 5, which specifies time and operation constraints to avoid adverse impacts on sensitive species. The riparian and CSS habitat has the potential to provide nesting and foraging resources for sensitive species including the Least Bell's Vireo, the California Gnatcatcher, raptors and other species. To avoid impacting sensitive species during construction, the Commission imposes Special Conditions 4 and 5 to require that the project is monitored for potential impacts to biological resources and that work occurs outside of nesting season. If the proposed restoration is not properly conducted and monitored, the restoration program could fail to meet the performance standards specified and/or contribute to the spread of non -natives and PSHB. Therefore, to ensure proper implementation of the proposed restoration, Special Condition 2 requires the applicant to submit a monitoring report five (5) years from the date of the approval or the CDP and the final restoration program. If the report concludes that the restoration is not in conformance with or has failed to meet the performance standards specified in the restoration program approved pursuant to this permit, the applicant shall submit a revised or supplemental restoration plan for the review and approval of the Executive Director. Conclusion To ensure that impacts to biological and marine resources will be minimized, Special Condition 2 requires that the applicant to provide a final restoration plan for review and approval of the Executive Director to ensure that the quality of the restoration project will be monitored and to ensure that the biological productivity of the site is improved in as -built conditions. Special Condition 3 requires the applicant to submit a final staging plan to protect the existing habitat from 27 5-19-0213 (City of Newport Beach, Big Canyon Phase 2A) degradation during staging and construction. The riparian and CSS habitat has the potential to provide nesting and foraging resources for sensitive species including the Least Bell's Vireo, the California Gnatcatcher, raptors and other species. In order to protect the sensitive species in the project area, Special Conditions 4 and 5 require the applicant to provide for a biological monitor during construction to protect sensitive species and to abide by a construction schedule to avoid impacting habitat during nesting season. As conditioned, the Commission finds that the project is consistent with the resource protection policies of Section 30240 of the Coastal Act. D. WATER QUALITY Section 30230 of the Coastal Act states: Marine resources shall be maintained, enhanced, and where feasible, restored. Special protection shall be given to areas and species of special biological or economic significance. Uses of the marine environment shall be carried out in a manner that will sustain the biological productivity of coastal waters and that will maintain healthy populations of all species of marine organisms adequate for long-term commercial, recreational, scientific, and educational purposes. Section 30231 of the Coastal Act states: The biological productivity and the quality of coastal waters, streams, wetlands, estuaries, and lakes appropriate to maintain optimum populations of marine organisms and for the protection of human health shall be maintained and, where feasible, restored through, among other means, minimizing adverse effects of waste water discharges and entrainment, controlling runoff, preventing depletion of ground water supplies and substantial interference with surface water flow, encouraging waste water reclamation, maintaining natural vegetation buffer areas that protect riparian habitats, and minimizing alteration of natural streams. There is a potential for discharge of polluted runoff from the project site into Upper Newport Bay as a result of the proposed development. Sections 30230 and 30231 of the Coastal Act require that marine resources and the biological productivity of coastal water be maintained and enhanced. Storage or placement of construction materials, debris, or waste in a location subject to erosion and dispersion or which may be discharged into coastal waters via rain or wind would result in adverse impacts upon the marine environment that would reduce the biological productivity of coastal waters. For instance, construction debris entering coastal waters may cover and displace soft bottom habitat. However, construction best management practices will be implemented to avoid or minimize impacts to the environment. Therefore, the proposed project is not anticipated to result in any significant adverse impact to marine resources or water quality. In order to ensure prevention of adverse construction -related impacts upon marine resources and to minimize erosion, the Commission imposes Special Condition 6 requiring the applicants to implement construction best management practices. Therefore, the Commission finds that the proposed development, as conditioned, conforms with Sections 30230 and 30231 of the Coastal Act regarding the protection of water quality to promote the biological productivity of coastal waters and to protect human health. 5-19-0213 (City of Newport Beach, Big Canyon Phase 2A) E. PUBLIC ACCESS AND RECREATION Section 30210 of the Coastal Act states: In carrying out the requirement of Section 4 of Article X of the California Constitution, maximum access, which shall be conspicuously posted, and recreational opportunities shall be provided for all the people consistent with public safety needs and the need to protect public rights, rights of private property owners, and natural resource areas from overuse. Section 30212 of the Coastal Act states, in relevant part: (a) Public access from the nearest public roadway to the shoreline and along the coast shall be provided in new development projects The proposed project does not propose any new trail connections to existing public trails within the canyon. The existing utility access road around the perimeter of the project site serves as a 15 foot wide public trail with access from Jamboree Road. The trail connects to a 3.5 foot wide trail north of the project site and follows the creek bank, eventually connecting to an existing trail network around the creek bed leading to Back Bay Drive and the bay. The proposed project is consistent with Section 30210 because it provides maximum recreational opportunities and is consistent with Section 30212 as the trail network will continue to provide access to the Bay and coastal waters. As conditioned, the project is consistent with the Coastal Act. F. CULTURAL AND ARCHAEOLOGICAL RESOURCES Section 30244 of the Coastal Act states: Where development would adversely impact archaeological or paleontological resources as identified by the State Historic Preservation Officer, reasonable mitigation measures shall be required. Policies of the Certified LUP state: 4.5.1-1: Require new development to protect and preserve paleontological and archaeological resources from destruction, and avoid and minimize impacts to such resources. If avoidance of the resource is not feasible, require an in-situ or site -capping preservation plan or a recovery plan for mitigating the effect of the development. 4.5.1-2: Require a qualified paleontologist/archeologist to monitor all grading and/or excavation where there is a potential to affect cultural or paleontological resources. If grading operations or excavations uncover paleontological/archaeological resources, require the paleontologist/archeologist monitor to suspend all development activity to avoid destruction of resources until a determination can be made as to the significance of the resources. If resources are determined to be significant, require submittal of a mitigation plan. Mitigation measures considered may range from in-situ preservation to recovery and/or relocation. Mitigation plans shall include a good faith effort to avoid impacts to cultural resources through methods such as, but not limited to, project redesign, in situ preservation/capping, and placing cultural resource areas in open space. 29 5-19-0213 (City of Newport Beach, Big Canyon Phase 2A) 4.5.1-3: Notify cultural organizations, including Native American organizations, of proposed developments that have the potential to adversely impact cultural resources. Allow qualified representatives of such groups to monitor grading and/or excavation of development sites. 4.5.1-5: Where there is a potential to affect cultural or paleontological resources, require the submittal of an archeological/cultural resources monitoring plan that identifies monitoring methods and describes the procedures for selecting archeological and Native American monitors and procedures that will be followed if additional or unexpected archeological/cultural resources are encountered during development of the site. Procedures may include, but are not limited to, provisions for cessation of all grading and construction activities in the area of the discovery that has any potential to uncover or otherwise disturb cultural deposits in the area of the discovery and all construction that may foreclose mitigation options to allow for significance testing, additional investigation and mitigation. Although surveys conducted in connection with the project's EIR did not identify any archaeological or paleontological resources on the site, Native American outreach and a search of the Sacred Lands File conducted by the City indicates that the immediate vicinity of the project area, specifically in areas atop higher elevation bluffs and mesas, is sensitive for prehistoric archaeological resources Therefore, ground disturbing activities, although confined to the upper two to three feet, does have some potential to impact any buried resources that might be present. To minimize potential impacts to resources pursuant to the City' Cultural Resources Assessment entitled Big Canyon Coastal Habitat Restoration and Adaptation Project—Phase 2A, Cultural Resources Study/Archaeological Research Plan, prepared by ESA, July, 2018), the City proposes to retain a qualified archaeologist and a Native American representative to monitor all ground disturbing activities on the project site. Consistent with the policies of the LUP that require an archeological and cultural resources monitoring plan be submitted, Special Condition 7 requires submittal of an archeological monitoring plan to ensure that any prehistoric, archaeological or paleontological cultural resources that may be present on the site and could be impacted by the proposed development receive proper protections, preferably avoidance. The plan shall include provisions for both Professional Archeologists and Native American monitors to be present during soil disturbance. As conditioned for a monitoring plan and protection of the archeological resources, the project is consistent with Section 30244 of the Coastal Act. G. LOCAL COASTAL PROGRAM The City of Newport Beach LCP was effectively certified on January 13, 2017. The standard of review for development within the City's permit jurisdiction is the City's certified LCP. The subject property is within an area of public trust lands managed by the City, added to the trust in 1998 by Senate Bill 575 (1997). Public trust lands are within the Commission's retained permit jurisdiction, therefore the standard of review for development within the Commission's original permit jurisdiction is Chapter 3 of the Coastal Act, although the City's certified LCP is advisory in nature and may provide guidance. H. CALIFORNIA ENVIRONMENTAL QUALITY ACT 30 5-19-0213 (City of Newport Beach, Big Canyon Phase 2A) Section 13096 of Title 14 of the California Code of Regulations requires Commission approval of a coastal development permit application to be supported by a finding showing the application, as conditioned by any conditions of approval, to be consistent with any applicable requirements of the California Environmental Quality Act (CEQA). Section 21080.5(d)(2)(A) of CEQA prohibits a proposed development from being approved if there are feasible alternatives or feasible mitigation measures available which would substantially lessen any significant adverse effect which the activity may have on the environment. The Commission incorporates its findings on Coastal Act consistency at this point as if set forth in full. As discussed above, the proposed development, as conditioned, is consistent with the Chapter 3 policies of the Coastal Act. Special Conditions imposed will mitigate adverse impacts to coastal resources and public access. The Special Conditions address the following issues: 1) final revised plans; 2) final habitat restoration and monitoring plan; 3) final construction staging; 4) biological monitoring; 5) timing and operation constraints; 6) best management practices; and 7) cultural resources. Therefore, the Commission finds that, as conditioned, there are no feasible alternatives or feasible mitigation measures available which would substantially lessen any significant adverse effect of the proposed project, there are no remaining significant environmental impacts within the meaning of CEQA, and the project is consistent with CEQA and the policies of the Coastal Act. 31 CITY OFQ� UPPER COSTA MESA NEWPORT cam, BA PACIFIC a OPROJECT LOCATION LEGEND VICINITY MAP NOT TO SCALE — — LIMITS OF WORK — — — PROPERTY BOUNDARY BENCHMARK ACCESS ROUTE ss SEWER PIPELINE N.T.S. STAGING AREA ® SEWER MANHOLE (949)-644-3011 OTHER MANHOLE DATUMS I UNIVERSITY P �F,wPoRT CITY OF J� IRVINE u � F VE� 11 CSL IF �R��� C PUBLIC WORKS DEPARTMENT INDICATES SECTION NUMBER A VIEW DIRE 1 2 SHEET NUMBER ON WHICH S HORIZONTAL PROJECT DATUM: CALIFORNIA STATE PLANE SYSTEM ZONE 6 US FEET NORTH AMERICAN DATUM (NAD83, 1992) VERTICAL PROJECT DATUM: NORTH AMERICAN VERTICAL DATUM 1988 FEET (NAVD88) BASE MAP SOURCE: EXISTING TOPOGRAPHIC CONTOURS ARE BASED ON ORANGE COUNTY LIDAR FLOWN IN 2011 BY USGS. THE SURVEY REPORT IS AVAILABLE HERE: https://coast.noaa.gov/htdata/lidar1_z/geoid12a/data/4793/supplemental/ ...... ca2011—usgs_orange_m4793_surveyreport.pdf LIDAR DATA IS SUPPLEMENTED WITH SPOT ELEVATIONS FROM GROUND SURVEY BY ENVIRONMENTAL SCIENCE ASSOCIATES (2018). EMERGENCY TELEPHONE NUMBERS AGENCY SOUTHERN CALIFORNIA GAS COMPANY SOUTHERN CALIFORNIA EDISON COMPANY AT&T CITY OF NEWPORT BEACH (UTILITIES DEPARTMENT) ORANGE COUNTY SANITATION DISTRICT TIME WARNER CABLE UNDERGROUND SERVICE ALERT MESA CONSOLIDATED WATER DISTRICT CALL TOLL FREE 1-800-227-2600 BEFORE YOU DIG DAY APPROXIMATE NAME CTION BENCHMARK TITLE SHEET (800)-611-1911 EROSION CONTROL FABRIC N.T.S. 611 EXISTING GRADE PIP (949)-644-3011 ELEVATION SECTION APPEARS SHEET NUMBER ON WHICH SECTION IS CUT INDICATES 1 DETAIL NUMBER (949)-574-1000 MINIMUM 1 s SHEET NUMBER ON WHICH DETAIL APPEARS SHEET NUMBER ON WHICH DETAIL IS NOTED HORIZONTAL PROJECT DATUM: CALIFORNIA STATE PLANE SYSTEM ZONE 6 US FEET NORTH AMERICAN DATUM (NAD83, 1992) VERTICAL PROJECT DATUM: NORTH AMERICAN VERTICAL DATUM 1988 FEET (NAVD88) BASE MAP SOURCE: EXISTING TOPOGRAPHIC CONTOURS ARE BASED ON ORANGE COUNTY LIDAR FLOWN IN 2011 BY USGS. THE SURVEY REPORT IS AVAILABLE HERE: https://coast.noaa.gov/htdata/lidar1_z/geoid12a/data/4793/supplemental/ ...... ca2011—usgs_orange_m4793_surveyreport.pdf LIDAR DATA IS SUPPLEMENTED WITH SPOT ELEVATIONS FROM GROUND SURVEY BY ENVIRONMENTAL SCIENCE ASSOCIATES (2018). EMERGENCY TELEPHONE NUMBERS AGENCY SOUTHERN CALIFORNIA GAS COMPANY SOUTHERN CALIFORNIA EDISON COMPANY AT&T CITY OF NEWPORT BEACH (UTILITIES DEPARTMENT) ORANGE COUNTY SANITATION DISTRICT TIME WARNER CABLE UNDERGROUND SERVICE ALERT MESA CONSOLIDATED WATER DISTRICT CALL TOLL FREE 1-800-227-2600 BEFORE YOU DIG DAY APPROXIMATE NAME (800)-624-8153 BENCHMARK TITLE SHEET (800)-611-1911 EROSION CONTROL FABRIC N.T.S. 611 EXISTING GRADE PIP (949)-644-3011 ELEVATION PSHB (714)-962-2411 FINISHED GRADE RSP (714)-542-6222 EXISTING TBD (800)-422-4133 MAXIMUM TOB (949)-574-1000 MINIMUM VSL BASIS OF BEARINGS: NIGHT (800)-624-8153 (800)-611-1911 611 (949)-644-3717 (714)-644-6222 (800)-422-4133 (949)-631-1200 OF BENCHMARK: JAMBo EE RIOADEAANDDSAN JOAQU NAT THEE HILLS I ROAD NAME EL. FT NAVD88 YEAR LEVELED O.C.S. 3N-56-77 119.926' 12004 BIG CANYON"I"rk-ludSTORATION PROJECT APPROVED: PUBLIC WORKS DIRECTOR, RCE No. 36106 APPROVED: DEPUTY PUBLIC WORKS DIRECTOR/CITY ENGINEER RCE NO. 51568 w o� (E) PARKING LOT DEFINITIONS 3 o� C-8208-2 LOCATION MAP ALJUKL55: 1500 JAMbUKtt KUAU NEWPORT BEACH, CA 92660 PROJECT SPONSOR: NEWPORT BAY CONSERVANCY 2301 UNIVERSITY DRIVE NEWPORT BEACH, CA 92660 CONTACT: ALYS ARENAS RESTORATION COORDINATOR PH: (949) 923-2269 OWNER: CITY OF NEWPORT BEACH CONTACT: BOB STEIN, PE PH: (949) 644-3322 F" ESA 550 WEST C STREET, SUITE 750 SAN DIEGO, CA 92101 OFFICE - 619.719.4200 W W W.ESASSOC.COM DATE: L1 `1S -26e6 DATE: PROJECT DESIGNER: ENVIRONMENTAL SCIENCE ASSOCIATES 550 WEST C STREET, SUITE 750 SAN DIEGO, CA 92E101 ENGINEER CONTACT: JAMES JACKSON, PE PH: (415) 896-5900 LANDSCAPE ARCHITECT CONTACT: TRACY JOHNSON, PLA (6091) PH: (503) 274-2010 GENERAL NOTES 1. ALL WORK DETAILED ON THESE PLANS TO BE PERFORMED UNDER CONTRACT SHALL BE CONSTRUCTED IN ACCORDANCE WITH THE "STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION", 2015 EDITION AND SUPPLEMENTS TO DATE, EXCEPT AS OTHERWISE STATED IN THE CITY'S STANDARD SPECIAL PROVISIONS, OR IN THIS CONTRACT'S SPECIAL PROVISIONS. 2. EXISTING UNDERGROUND UTILITIES ARE SHOWN AS PER AVAILABLE RECORDS. PRIOR TO ANY GROUND DISTURBANCE, CONTRACTOR SHALL LOCATE ALL UNDERGROUND AND OVERHEAD UTILITIES IN ACCORDANCE WITH SPECIFICATIONS AND STATE LAW. NOTIFY UNDERGROUND SERVICE ALERT (USA) AT 1-800-227-2600 3. ANY DISCREPANCY IN THE DRAWINGS OR SPECIFICATIONS SHALL BE CALLED TO THE ATTENTION OF THE ENGINEER. FAILURE TO DO SO WILL PLACE RESPONSIBILITY OF THE CONTRACTOR FOR CORRECTION. 4. ANY WORK NOT INDICATED ON THE DRAWINGS BUT CALLED FOR IN THE SPECIFICATIONS, OR VICE—VERSA, SHALL BE FURNISHED AND PERFORMED AS THOUGH SPECIFICALLY INDICATED AND CALLED FOR IN BOTH. ANY WORK NOT INSTALLED ACCORDING TO DRAWINGS AND SPECIFICATIONS OR ORDINANCES AND LAWS SHALL BE REPLACED AT CONTRACTOR'S EXPENSE. 5. THE CONTRACTOR SHALL COMPLY WITH ALL LOCAL, STATE, AND FEDERAL LAWS AND REGULATIONS AND PERMITS ISSUED FOR THE PROJECT. 6. CONTRACTOR SHALL HAVE COPIES OF THE APPROVED DRAWINGS, SPECIFICATIONS, AND PERMITS ON SITE AND READILY AVAILABLE AT ALL TIMES. 7. THE CITY HAS OBTAINED PERMITS FROM RESOURCE AGENCIES FOR THIS PROJECT. COMPLY WITH ALL PERMIT REQUIREMENTS AND SCHEDULE RESTRICTIONS FOR PROTECTION OF WATER QUALITY, WILDLIFE AND VEGETATION. 8. EXISTING ELEVATION CONTOURS ARE APPROXIMATE AND PROVIDED FOR GENERAL REFERENCES ONLY. THE ACCURACY OF THE ELEVATION CONTOURS IS LIMITED BY DISTORTION DUE TO EXISTING VEGETATION. 9. FIELD VERIFY FLOW LINE AND BANK CONDITIONS OF EXISTING CHANNEL FOLLOWING CLEARING AND GRUBBING ACTIVITIES. NOTIFY ENGINEER IF ACTUAL GRADES DIFFER. 10. CONDUCT GRADING OPERATIONS TO CONTROL WIND BLOWN DIRT AND DUST AND PROTECT NEIGHBORING PROPERTIES. AT MINIMUM PERFORM WATERING AS NEEDED TO PREVENT VISIBLE DUST FROM LEAVING THE JOB SITE. 11. THE PROJECT IS WITHIN AN ACTIVE FLOOD PLAIN. PHASE THE WORK TO MINIMIZE THE POTENTIAL FOR EROSION DURING A STORM EVENT. 12. THE PROJECT INVOLVES EXCAVATION AND FILL PLACEMENT WITHIN AN ACTIVE CHANNEL AND/OR BELOW GROUNDWATER. THE CONTRACTOR SHALL BE AWARE THAT THERE WILL BE BASE FLOWS IN THE CREEK THROUGHOUT CONSTRUCTION. 13. THE CONTRACTOR IS RESPONSIBLE FOR ALL WATER MANAGEMENT THROUGHOUT CONSTRUCTION, INCLUDING DEWATERING, FLOW DIVERSION AND DRAINAGE. 14. THE ACCURACY OF BASE MAP IS LIMITED BY DENSE VEGETATION. PERFORM THE WORK IN STAGES, TO ALLOW THE ENGINEER TO REVIEW FIELD CONDITIONS, AND ADJUST THE DESIGN AS NEEDED. ABBREVIATIONS APPROX APPROXIMATE NAME BM BENCHMARK TITLE SHEET ECF EROSION CONTROL FABRIC N.T.S. EG EXISTING GRADE PIP EL ELEVATION PSHB FG FINISHED GRADE RSP (E) EXISTING TBD MAX MAXIMUM TOB MIN MINIMUM VSL (N) NEW VIF 10 L-2 WSE SHEET INDEX NOT TO SCALE PROTECT IN PLACE POLYPHAGOUS SHOT HOLE BORER ROCK SLOPE PROTECTION TO BE DETERMINED TOP OF BANK VEGETATED SOIL LIFT VERIFY IN FIELD WATER SURFACE ELEVATION NUMBER ID NAME 1 G-1 TITLE SHEET 2 C-1 EXISTING CONDITIONS PLAN 3 C-2 CLEARING AND GRUBBING PLAN 4 C-3 GRADING PLAN 5 C-4 CREEK PROFILE 6 C-5 GRADING SECTIONS 7 C-6 EROSION CONTROL PLAN 8 C-7 EROSION CONTROL DETAILS 9 L-1 REVEGETATION PLAN 10 L-2 PLANTING SCHEDULE 11 L-3 PLANTING DETAILS 12 L-4 IRRIGATION PLAN—SITE 13 L-5 IRRIGATION PLAN—NORTH 14 L-6 IRRIGATION PLAN—SOUTH 15 L-7 IRRIGATION NOTES AND SCHEDULE 16 L-8 IRRIGATION DETAILS C-8208-2 APPROVAL RECOMMENDED: APPROVAL RECOMMENDED: APPROVAL RECOMMENDED: APPROVAL RECOMMENDED: BIG CANYON RESTORATION PROJECT - // PHASE 2A DRAWNJ.JACKSON Newport Bay/,� - o G 4(/ TITLE SHEET DATE: ALYS ARENAS 01 MICA MARTIN MARK VUKOJEVIC, RCE ROBERT STEIN, RCE 43003 G-1 6/24/201 9 NBC RESTORATION COORDINATOR DEPUTY UBLIC WORKS NO. 61527 ASSISTANT CITY ENGINEER V DESIGNED: Conservancy DIRECTOR -OPERATION UTILITIES DIRECTOR J. JACKSON AND MAINTENANCE /2 CITY OF NEWPORT BEACH P -5265-S CHECKED: DATE: 4' Iy' 2920 DATE: `�-!�! Zata DATE: �DATE: 4-17-`"y%n PUBLIC WORKS DEPARTMENT SHEET 1 OF 16 A. BORGONOVO a E 0 U U E a rn N �i 0 N 0 0 0 0) 3 w J H H I Q N / N 3 0 0 0 U 0) i N N 0 0 a 0 O T 0 U 0) m I MEAN ��`� • D SCOUR HOLE _r4d i t ����%� �'I` � � • r • ,� � , � ' � I � SII , ' • • ' : • : ' I III 4q ,-��� •� ��mry�r� • • .• , • , • . • • l%' • O • • • • �� ��� • • t� �- Q 0 0 LEGEND NON—NATIVE VEGETATION (TO BE REMOVED) o NATIVE VEGETATION (DO NOT DISTURB) MIXED NATIVE/NON—NATIVE (SELECT REMOVAL) o\\ o Q \ I W-1211 FAM NMI i i II` � O Li'AM •/� - �• • !� 71► • /�qwmmw-•� �'� ' v • • S I1_00�11IN AF � ►� ail ► � ►z ►:_ ►_` r" Ce] NEW � 0 100 � � l �� � � ►tet � ►�� ► � '= � � \ � 1� • �� SCALE (FEET) mpl IN. NOTES 1. EXISTING TOPOGRAPHIC CONTOURS GENERATED FROM 2011 USGS LiDAR OF ORANGE COUNTY, OBTAINED FROM NOAA COASTAL DATA VIEWER AT https: //coast.noaa.gov/dataviewer 2. SPOT ELEVATIONS BASED ON LIMITED GROUND SURVEY (ESA, 2018). r ESA VERIFY SCALE 0 1 >' 550 WEST C STREET, ONE INCH BAR. SUITE 750 SAN DIEGO, CA 92101 ADJUST SCALES ACCORDINGLY. OFFICE - 619.719.4200 WWW.ESASSOC.COM • 0 � PHASE 2A BOUNDARY � x34.52 O o 3j O u p a O' xp0 `�6' �o 0 332.25 X35.19 0 0 +SO 38+001 38X Q o 0 o s� o 35.58 39+5 _ I 0 -4p � o o a 40 _ +5 ^4j+00, C El W� 77ZTJ��o EXISTING SITE CONDITIONS PLAN SCALE: 1 " = 50' C-8208-2 QFtOFESS/pN BIG CANYON RESTORATION PROJECT - PHASE 2A EXISTING CONDITIONS PLAN Y C-1 s C 84033 Q �9r Civ„ ��� DESIGNED: DRAWN: CITY OF NEWPORT BEACH P -5265-S J. JACKSON J. JACKSON F OF CA�\�O CHECKED: ORGODATE: A. CHECKED: OVO 6/24/2019 NO. DATE DESCRIPTION OF REVISIONS APPROVED PUBLIC WORKS DEPARTMENT SHEET 2 OF 16 0 35 0 fl LEGEND r I FLOODPLAIN BENCHING, SEE SECTION A SHEET C-5 rllll�� BANK GRADING, SEE SECTION B SHEET C-5 } s - •�/ EXCESS SOIL FILL AREA INSTALL ROCK 3 Q o / DISSIPATION BASIN AT (E) SCOUR HOLE 4 $ S \ \ \ GRADE (N) DRAINAGE CHANNEL AS NEEDED TO MINIMIZE PONDINGzx EXCESS SOIL FILL AREA a \ o / S V BACKFILL TREE REMOVAL 2� `L o D DEPRESSIONS, TYP— +50 YP +50 � / o /1 i LJ STA 28+00 TO 34+00 EXCAVATE 20' WIDE BENCH, TYP \ �� ,� [ �— 2 q GRADING SECTION, TYP 2 7i 0 �8 SEE SHEET C-5 \ SS \ co 31+00 7 O ��Ov \9 2g�° X32+00 `�-D \ (N) TOP OF SLOPE, TYP \\ \ o / o / 29 B 50 (N) TOE OF SLOPE, TYP \ i 25 I o� (N) TOP OF BANK, TYP Q rycb,\\�Xp l 33+5p\ �0 O `� o ti0 rLg ��o \ O>�r \ 30 (N) TOP OF SLOPE, TYP \\ \23k5 ti� o cvl O l ; c) ��X� o �` co \� i \\ (N) TOP OF BANK, TYP O BACKFILL TREE REMOVAL +Op Q „ 0 DEPRESSIONS, TYP 21� 2� �kQ STA 23+50 TO 28+00 O a O xg p \2�,c��a� / o BANK Q GRADING Q p lbD OO < O O axsO� ad D O 35N \ \ \� O \ Z% O(zlO 0o Q o \\\Q \\\\ \\\\\\ \ °\ o aD 25 \ \ \\ \\\\\\\\ \\ \\\\\\ \ \ O STA 28+00 TO STA 34+00 032 �`3sxs�o Q STA 36+10 TO STA 37+30 �O W o STAGING AREA \\\\`o\ \ \\\ \\\ \\ \\ /-- — \ EXCAVATE FLOODPLAIN BENCH, TYP g 33 33� p O o 4 6 0 43\ 0 a ACCESS RAMP FROM '�o h O (E) TRAIL, TYP � � �.. \ STA 23+50 TO STA 39+352�7 ��\ o a \\ // RECONSTRUCT CHANNEL ss\ D 0 o BANKS AFTER TREEIA REMOVAL WITH VSLS AS d s 0 0 0 -� s � �� � p� STA 34+00 - TO STA 36+10 \ \ 0 Q 3 I 1 \ STA 31+30 TO STA 39+35 DIRECTED BY ENGINEER. ° I BANK GRADING o D SEE DETAIL SPG/ Q (;p XOO p o 36 �o QV O 4 6 \ \\L`��i�� D o *S6 38j� Q 38+00 o Q \ \ �h X \9X00 D o° / ° / / �� q \ 37 39 +50 ° o ° o v S oo 4p+5 D +00, O 5 O ° o L� NOTES-- �I— — _►� I .i SfI 4 WE 1. DEPENDING ON CHANNEL BANK CONDITIONS, THE 0 25 50 100 oQ ENGINEER MAY DIRECT THE CONTRACTOR TO ADJUST BANK/BENCH EXCAVATION LIMITS TO CONFORM TO SCALE (FEET) ACTUAL CHANNEL BANK CONDITIONS. (OVERALL EXCAVATION VOLUME WOULD BE SAME OR REDUCED.) GRADING 2. RECONSTRUCT CHANNEL BANKS WITH VSL AS DIRECTED BY ENGINEER. ENGINEER WILL DETERMINE LATERAL PLAN SCALE: 1" = 50' EXTENT AND HEIGHT OF VSL. SEE SHEET C-6. 3. PLACE EXCAVATED MATERIAL ONSITE AT THE FOLLOWING LOCATIONS, IN THE FOLLOWING ORDER OF C-8208-2 PRIORITY: A. SOIL FILL FOR VEGETATED SOIL LIFTS (PROVIDED ESA I? FESS/ pBIG CANYON RESTORATION PROJECT - PHASE 2A MATERIAL IS SUITABLE TOPSOIL) z5 R. j'j U-1 GRADING PLAN B. BACKFILLING OF VOIDS FROM TREE REMOVAL so�� (MATCH ADJACENT GRADES) VERIFY SCALE �, m 0 1" C. PLACEMENT AS SLOPE IN EXCESS SOIL FILL AREA. * * C-3 CITY OF NEWPORT BEACH P -5265-S APPROVED PUBLIC WORKS DEPARTMENT SHEET 4 of 16 550 WEST C STREET, SUITE 750 C 84033 \Q DESIGNED: DRAWN: ONE INCH BAR. SAN DIEGO, CA 92101 1TF CIVIL F J. JACKSON J. JACKSON ADJUST SCALES ACCORDINGLY. OFFICE - 619.719.4200 OF C CHECKED: DATE: WWW.ESASSOC.COM A. BORGONOVO 6/24/2019 NO. DATE DESCRIPTION OF REVISIONS CITY OF NEWPORT BEACH P -5265-S APPROVED PUBLIC WORKS DEPARTMENT SHEET 4 of 16 30 30 25 25 z z O O 1z 1= 20- 20 W w J J w w 15- 23+00 5 23+00 24+00 25+00 26+00 27+00 28+00 29+00 STATION 35 35 30 30 z z O O F 25 25 Lu w J J W W -_ __X 20 20 29+00 30+00 31+00 32+00 33+00 34+00 35+00 STATION STA 39+35 END BANK GRADING 40 40 35 35 O O F 1- > 30 30 Lu w J J W W 25 25 35+00 36+00 37+00 38+00 39+00 40+00 STATION BIG CANYON CREEK PROFILE SCALE: HORIZ. 1 " = 20' VERT. 1 " = 4' NOTES C-8208-2 1. EXISTING CHANNEL BANK AND THALWEG PROFILES BASED ON LIMITED SURVEY DATA. r' ESAQROFESS/pBIG CANYON RESTORATION PROJECT -PHASE 2A IC -1 R J�c`�s F� VERIFY SCALE � z CREEK PROFILE 0 1" C-4 550 WEST C STREET, SUITE 750 �� C 84033 �Q DESIGNED: DRAWN: �+ ONE INCH BAR. SAN DIEGO, CA92101 qTF CIVIV O��' J. JACKSON J. JACKSON CITY OF NEWPORT BEACH P -5265-S ADJUST SCALES OFFICE - 619.719.4200 OF CALF ACCORDINGLY. WWW.ESASSOC.COM AH BORGONOVO DAT6/24/2019 N0, DATE DESCRIPTION OF REVISIONS APPROVED PUBLIC WORKS DEPARTMENT SHEET 5 0F 6 STA 23+50 STA 28+00 STA 28+50 BEGIN BANK GRADING BEGIN TRANSITION BEGIN FULL BENCH (N) TOB EL 22.0 FT BANK GRADING BE CH (E) CONCRETE CROSSING SURVEY POINT (TYP) — — — — — — (E) TOP OF BANK (BEYOND) — — — — — — — — — — — — X (N) TOP OF RIGHT AND LEFT BANK V(E) BENCH SURVEY POINT (TYP) PHASE 2A BANK GRADING STA 33+50 END FULL BENCH (N) TOB EL = 28.0 FT STA 34+00 END TRANSITION BEGIN BANK GRADING BANK GRADING BANK GRADING (E) TOP OF BANK (BEYOND) SURVEY POINT (TYP)— — 24" CMP CULVERT (X3) (E) CHANNEL THALWEG (LOW POINT) (E) CHANNEL THALWEG (LOW POINT) (N) TOP OF RIGHT AND LEFT BANK BENCH SURVEY POINT (TYP) PHASE 2A BANK GRADING STA 33+50 END FULL BENCH (N) TOB EL = 28.0 FT STA 34+00 END TRANSITION BEGIN BANK GRADING BANK GRADING BANK GRADING (E) TOP OF BANK (BEYOND) SURVEY POINT (TYP)— — (E) CHANNEL THALWEG (LOW POINT) (N) TOP OF RIGHT AND LEFT BANK STA 36+10 STA 36+70 STA 37+30 START TRANSITION FULL BENCH END TRANSITION (N) TOB EL = 32.0 FT START TRANSITION (N) TOB EL = 33.0 FT (N) TOB EL = 32.5 FT BEGIN BANK GRADING (E) TOP OF BANK (BEYOND) \_(E) CHANNEL THALWEG (LOW POINT) BENCH SURVEY POINT (TYP) PHASE 2A BANK GRADING BANK GRADING 35 30 z 0 25 w J w 20 1540 30 20 10 VARIES 1' VARIES 2-4' . VARIES 20' 20' VARIES (N) TOB-- _ _ DESIGN EL _ - (NOTE 1) _-1 3 1 20 ` ' -- - J THALWEG EL VARIES 20 INSTALL EROSION CONTROL FABRIC, TYP (SEE PROFILE) 5 6 8 28+45 TYPICAL SECTION SLALE: N.1.5. 40 35 z 0 30 w J w 25 NOTES 35 35 30 30 0 0 F- 25< ; 25 w w 20 20 0 -10 -20 -30 -4105 33+08 EXCAVATE (N) BENCH — 33 1 -"--7L:f1 I / 20 40 35 z 0 30< w J w 25 0 -10 -20 -30 -Z0 1. SEE PROFILE ON SHEET C-4 FOR DESIGN EL OF (N) TOP OF BANK. 2. WATER SURFACE ELEVATION IS SCHEMATIC. SEE GENERAL NOTES 12-14, SHEET G-1. 3. GRADING SECTIONS ARE COMBINATION OF LIMITED GROUND SURVEY AND LIDAR DATA. _' \ VARIES 1' MIN 31+57 (SEE ROFILE) �� BANK GRADING EXCAVATE (N) BENCH � GRADE BERM, TYP a1 3 20 3 1 20 )� 1 GROUND SURVEY SPOT EL, TYP EXCAVATE (N) BENCH 1p 3 1 20 �- � 4 3 1 0 40 35 z 0 30 w J w 25 NOTES 35 35 30 30 0 0 F- 25< ; 25 w w 20 20 0 -10 -20 -30 -4105 33+08 EXCAVATE (N) BENCH — 33 1 -"--7L:f1 I / 20 40 35 z 0 30< w J w 25 0 -10 -20 -30 -Z0 1. SEE PROFILE ON SHEET C-4 FOR DESIGN EL OF (N) TOP OF BANK. 2. WATER SURFACE ELEVATION IS SCHEMATIC. SEE GENERAL NOTES 12-14, SHEET G-1. 3. GRADING SECTIONS ARE COMBINATION OF LIMITED GROUND SURVEY AND LIDAR DATA. _' \ VARIES 1' MIN 31+57 (SEE ROFILE) �� BANK GRADING 1540 30 20 10 40 35 z 0 30 w J w 25 TYPICAL SECTION SCALE: N.T.S. 35 35 30 30 0 0 25> ; 25 w w 20 20 0 -10 -20 -30 -4105 35+62 7pz 3 GRADE BERM, TYP 32+18 EXCAVATE (N) BENCH 1p 41 3 l 1 / 1 3 20 rt 20 15' I I ' 40 30 20 10 40 40 35 35 0 0 30> ; 30 J J w w 25 25 20' 1 1 1 I 1 1 1 1 14�O 40 30 20 10 0 -10 -20 -30 - BIG CANYON CREEK GRADING SECTIONS SCALE: HORIZ. 1"=10' VERT. 1 "=5' VERIFY SCALE 0 1 ONE INCH BAR. ADJUST SCALES ACCORDINGLY. 2040 30 20 10 35 30 z 0 25< w J w 20 I I I I I I 1 I 115 0 -10 -20 -30 -40 EXCAVATE (N) BENCH � GRADE BERM, TYP a1 3 20 3 1 20 )� 1 1540 30 20 10 40 35 z 0 30 w J w 25 TYPICAL SECTION SCALE: N.T.S. 35 35 30 30 0 0 25> ; 25 w w 20 20 0 -10 -20 -30 -4105 35+62 7pz 3 GRADE BERM, TYP 32+18 EXCAVATE (N) BENCH 1p 41 3 l 1 / 1 3 20 rt 20 15' I I ' 40 30 20 10 40 40 35 35 0 0 30> ; 30 J J w w 25 25 20' 1 1 1 I 1 1 1 1 14�O 40 30 20 10 0 -10 -20 -30 - BIG CANYON CREEK GRADING SECTIONS SCALE: HORIZ. 1"=10' VERT. 1 "=5' VERIFY SCALE 0 1 ONE INCH BAR. ADJUST SCALES ACCORDINGLY. 2040 30 20 10 35 30 z 0 25< w J w 20 I I I I I I 1 I 115 0 -10 -20 -30 -40 40 35 z 0 30< w J w OP4010 0 -10 -20 -30 -z0 C-8208-2 � GRADE BERM, TYP a1 3 40 35 z 0 30< w J w OP4010 0 -10 -20 -30 -z0 C-8208-2 :NX�Y °fl LEGEND 0 — — — STRAW WATTLES (NOTE 6) BANK EROSION CONTROL FABRIC (NOTE 7) HIGH PRIORITY SEEDING AND STABILIZATION AREAS (SEE NOTE 4) o 0 0 TOP OF (N) FLOODPLAIN BENCH, TYP \ Xp� ♦I♦♦♦I♦♦I TOE OF (N) FLOODPLAIN BENCH, TYP _ _ — � � >y0' ♦I ` 8' �� �♦I ♦I II♦i.•�- 31 + 00 ♦I ♦�♦I� O o o \ \ a ♦♦Oi`y X SpI`�.�:`.♦�O+Ip♦ I♦ ♦ ♦ � 3p+ 50s' 3��1��I♦♦ I♦�I♦��l�I�♦♦ `30 \ �\` s \ / ♦✓ei.. X29 I♦�♦♦I♦j< < I ♦♦♦l ♦♦I ♦♦♦�♦♦♦♦��♦ �c SO,>♦♦I�.�♦♦I♦�`l�I�.�`!�I♦��1�♦�.♦♦ \ \ �� f. / / / / ° ��I♦`ji�. �`Op,>I-�I ♦�I ♦♦ oI s,♦ ♦ ♦�I ♦�I ♦�I ♦� v♦I ♦I�►i..♦ 1�•�♦I♦♦ \ ►♦I ♦I,. �, o �L����I♦♦ ♦♦ O.� ♦ I♦♦�'I♦♦♦I♦♦♦I♦♦♦I♦ t32+00 ��' ♦♦I ♦ � � � s ° �� ♦♦I♦j♦♦I♦j��♦�i��'29+Sp,► !'�'�O ,I♦♦ ♦♦I ♦I♦♦♦�I♦♦♦�i �.�♦�I♦ 4 /0 �� 25 ♦ j`!�I♦ j`!�I♦ j`;� �♦'01 � — ♦��I♦�I ♦♦ ♦I�♦♦Ips♦♦I` jI♦I♦I ♦♦I♦♦I�'o>♦♦♦I ° o \ \ \� ♦♦I♦�♦�I�♦`l�I�♦`!�♦�`!�I`!�I♦ � o �I♦I ♦♦I♦�;�I�♦♦ xA�,�33+ 5��♦♦I�+- 0 31 \ \ \ \ 0 4 STRAW WATTLES, ♦I ♦I ♦G�' \ \23 �� . • N� . � $ 0 0 0 0 ♦i♦,.+�;!oi��i�oi����i♦fir Xp0 \ / \� ° v TYP (NOTE 6) o Q ° D I ;.:�'I�i��Ol�i��OI♦�I♦���I� p0 0 a \ \� 0 o v � �o ♦i i� � � O � \ � � , o O ? \\ \\ \ d a � \uo \ \Q \ \ \ \ o o Q L3Sp0 o \ \ D � 25 p G � \ W o O ° \ STAGING AREA \ �\\\moo\ \ \\\ \\\ \\ \\\ \ — O o Oo \\ �\ \\ \\\ \\ ��\\ Q O D a STABILIZE \ \ \ / ss, Q o ACCESS RAMP \\ \ \\\ \\ / FROM (E) TRAIL a \ \ \ \ \ / ° \ \ ♦♦� Q M ���--� ' / �� s 0 O ♦j♦O��j `so;♦♦�.�j♦OIC♦ ° c�x 30 O � y 0� / � I � �- � — � a \ \ \ � a Q � I♦♦♦�I� y ��I��♦gip O � D PGG / / O C� o ° ° O � 6 \S b o �♦♦♦��j�;�`1��� � � 50��� 38+ l/ \ ♦♦I cl �50� aLJ o •�--- — — \ l�- 41+0p� �J (J� • I — — I I NOTES o _ 1. THE CONTRACTOR IS RESPONSIBLE FOR SWPPP COMPLIANCE THROUGHOUT –I j - a CONSTRUCTION, INCLUDING THE 120–DAY PLANT ESTABLISHMENT & p 25 50 100 MAINTENANCE PERIOD. L- 2. THIS PLAN SHOWS MINIMUM BMPS TO BE INSTALLED DURING ACTIVE SCALE (FEET) I = ��f{x'�11((� CONSTRUCTION AND/OR POST–CONSTRUCTION (DURING THE 120–DAY PLANT ��--- - -- ESTABLISHMENT & MAINTENANCE PERIOD). EROSION CONTROL 3. THE CONTRACTOR SHALL DESIGN AND INSTALL ADDITIONAL BMPS AS IT DEEMS PLAN SCALE: 1" = 50' NECESSARY FOR SWPPP COMPLIANCE. 4. PHASE THE WORK TO MINIMIZE EROSION POTENTIAL DURING A STORM EVENT. AT A MINIMUM, PRIORITIZE WORK ON STEEP SLOPES AND/OR ADJACENT TO C-8208-2 THE CREEK SO THAT THESE AREAS ARE STABILIZED AND PROTECTED FROM EROSION BY OCTOBER 15TH. BIG CANYON RESTORATION PROJECT - PHASE 2A 5. INSTALL SILT FENCE AT WATER'S EDGE DURING EARTHWORK. INSTALL ABOVE ESA QROFESS/pvq HIGH WATER ELEVATION. REMOVE BY OCTOBER 15TH. ���c`' R J���rsF� EROSION CONTROL PLAN 6. INSTALL STRAW WATTLES POST–CONSTRUCTION. ON SLOPES STEEPER THAN VERIFY SCALE 3 �� °Z m 5:1 (HORIZONTAL: VERTICAL) INSTALL EVERY 5 VERTICAL FEET MINIMUM. 0 1" C-6 7. INSTALL EROSION CONTROL FABRIC ON EXCAVATED BENCHES AND VSLS BY 550 SUITE? o TCSTREET, C 84033 P OCTOBER 15TH. SEE SHEET C-7 FOR DETAILS. ONE INCH BAR. S �9r civi\, ��\ DESIGNED: DRAWN: ADJUST SCALES SANN DDIEIEGO, CA 92101 F pF �Fp J. JACKSON J. JACKSON CITY OF NEWPORT BEACH P -5265-S 8. ALL LOCATIONS SCHEMATIC ONLY. ACCORDINGLY. OFFICE -619.719.4200 Cr'AS CHECKED: DATE: www.ESASSOC.COM A. BORGONOVO 6/24/2019 NO. DATE DESCRIPTION OF REVISIONS APPROVED PUBLIC WORKS DEPARTMENT SHEET 7 OF 16 I I II \\ \ 1 I \ \ TRANSITION ENDS OF VSL 1 I \ \ TO MATCH (E) GRADE 1 I \ 11 / 11 11 (E) ROOTBALL TO BE REMOVED, \ \ \ 11 TYP 8 8 N 1, 11 11 RECONSTRUCT II II I ,1 III11 111' '�', BANK WITH VSL 11 „ 11 AS DIRECTED II II 1,1,1 ��111 1111 'i'� (N 0 TE 2 ) I 11 1 (E) CHANNEL TOE OF BANK, TYP (E) CHANNEL „ 1 � TOP OF BANK, TYP I I I I 1 I I TREE REMOVAL & BANK RECONSTRUCTION DETAIL PLAN SCALE: N.T.S. REMOVE NON—NATIVE TREE COMPLETELY REMOVE RC �I 11 1 n EG A-1 TREE REMOVAL AT CHANNEL BANK $ $ TYPICAL SECTION SCALE: N.T.S. (NOTE 3) REMOVE BANK �\ (NOTE 3) I � I I / / EG A-2 GRADE BANK EG TYPICAL SECTION SCALE: N.T.S. 2 RECONSTRUCT 8 8 BANK WITH VSL AS DIRF"Tr— BACKFILL TREE Ml kA l\/A I hill r 3 RECONSTRUCT BANK (NOTES 4 & 5) 8 TYPICAL SECTION SCALE: N.T.S. 4' LIVE STEM PLANTING, / 1.5 MIN _ TYP FOR EACH LIFT �7 ---- _ 1 i i FOLD FABRIC AND BACKFILL SELECT NATIVE TOPSOIL WOODEN STAKE, TYP SOIL WRAPPED IN DOUBLE ------------i/ 5 LAYER BIODEGRADABLE FABRIC 1.5' MIN VEGETATED SOIL LIFT DETAIL SECTION SCALE: 1 "=5' NOTES 1. RECONSTRUCT DISTURBED CHANNEL BANKS WITH VSL AS DIRECTED BY ENGINEER. 2. ENGINEER WILL DETERMINE LATERAL EXTENT AND HEIGHT OF VSL. 3. GRADE BANK AS NEEDED TO CREATE SUITABLE SUBGRADE FOR VSL CONSTRUCTION. 4. TYPICAL DETAIL A-3 SCHEMATICALLY DRAWN FOR GRADED BANK AREA (3:1 SLOPE). 5. ADUST DETAIL A-3 AS NEEDED TO APPLY TO BENCH EXCAVATION AREA. (REDUCE VLS HEIGHT AS NEEDED). 6. TRANSITON ENDS OF VSL TO CONFORM TO UPSTREAM AND DOWNSTREAM CHANNEL BANK. VERIFY SCALE 0 1 ONE INCH BAR. ADJUST SCALES ACCORDINGLY. EXISTING NEW PLACE (N) ROCK SCOUR PROTECTION (E) SCOUR POOL (E) GROUTED ROCK RAMP `LJ JV VVIVIiI\L IL VV II /'1LL 3 1 ROCK DISSIPATION BASIN EL —42.3' NAVD INTEGRATE SCOUR POOL STABILIZATION WITH (E) GROUTED RSP— LINE (N) ROCK WITH COIR FABRIC PLAN SCALE: 1"=10' C� 20' FLOW — 2' 6' 14' 6' 2' 4' 3'f ROCK DISSIPATION BASIN PROFILE SCALE: 1"=10' EROSION CONTROL FABRIC PINNED (2' OC) TOE OF SLOPE GRADED BENCH --i 6 BOTTOM TRENCH 8 8 DOUBLE LAYER EROSION CONTROL FABRIC PIN AT TRENCH EDGE TOE OF SLOPE BURY FABRIC IN 6$' W BY 12" D TRENCH 6 MIN 6" 1 1 4' 7 SECURE FABRIC 8 8 IN TRENCH PIN, TYP EROSION CONTROL FABRIC TYPICAL SECTION SCALE: 1 "=5' `—COMPACTED NATIVE MATERIAL IN TRENCH (90% RC) BOTTOM TRENCH DETAIL SECTION SCALE: 1 "=2' COMPACT EXCAVATED SOIL Off' "^"' f-% "'^r TRENCH DETAIL CTA Vc SECTION VIEW PERSPECTIVE VIEW STRAW WATTLES DETAIL TOP OF SLOPE BEGIN TRENCH MIN 2' LATERALLY TOP OF BANK FROM TOP OF BANK (NOTE 10) 2' MIN V. DESIGN GRADE 4BURY FABRIC IN 1' W BY 2' D TRENCH DOUBLE—LAYER EROSION �0I7ri1!■rl�! CONTROL FABRICI I—I I—III—.I I I� -1 11=1 11=1 I 2' r11=1 IIi11I=1 I: V7,11 I=1 I I_ COMPACTED NATIVE MATERIAL IN TRENCH (90% RC) TOP TRENCH DETAIL SECTION SCALE: 1 "=2' SCALE: 1 "=1 ' C-8208-2 (E) STORMWATER OUTFALL WITH GROUTED ROCK SLOPE PROTECTION 0 ^ a =1 1 31 NONE _ fts i� � � �■■ SII . � � � , � , . , . � . . . . . . t . , . , � � NOW AM p- ki -04 mo MAI lien ww� WAFAWAVA MEN= i�■■�' , ,,• --ter ' �'��, ' ;:� � � ' .L' ' i 1 �������� � � � 1 � � / �� � � ►tet � � � �� � � � � � �'�_ ��������. 1 � �� �� � t�� � � �, � � �� � ��� NOTES 1. THE EXTENT OF PLANNED VEGETATION COMMUNITIES ARE ESTIMATED AND ARE SUBJECT TO FIELD CHANGES BASED ON SITE CONDITIONS AND FINE GRADING FOLLOWING CLEARING AND GRUBBING ACTIVITIES. ENGINEER WILL PROVIDE FIELD ADJUSTMENTS TO THE LIMITS OF DEFINED PLANTING AND REVEGETATION TYPES TO CONTRACTOR FOLLOWING THE CLEARING AND GRUBBING AND AS GRADING ACTIVITIES ARE COMPLETED. 2. SEE SHEET L-2 FOR PLANTING SCHEDULES. 3. SEE SHEET L-3 FOR PLANING DETAILS. 4. INSTALL PLANTS TO CREATE A PEDESTRIAN BARRIER AS DIRECTED BY ENGINEER. C-8208-2 11 ESA �PNDSCA BIG CANYON RESTORATION PROJECT - PHASE 2A ��s°NL°Fqo`'� REVEGETATION PLAN VERIFY SCALE 0 1„ � I A RE 550 WEST C STREET, u' 01/31/2021 RENEWAL DATE SUITE 750 ONE INCH BAR. SAN DIEGO,CA92101 9�F 4/10DAE (3 DESIGNED: T. JOHNSON DR. GUTIERREZ CITY OF NEWPORT BEACH P -5265—S ADJUST SCALES OFFICE - 619.719.4200 OF C AL\� ACCORDINGLY. WWW.ESASSOC.COM ACHECKED: RGONOVO DATE:6/24/2019 N0. DATE DESCRIPTION OF REVISIONS APPROVED PUBLIC WORKS DEPARTMENT SHEET 9 OF 16 Plant Schedule: Wet Alkali Meadow Habitat = 1.86 Acres (80,994 S.F.) Symbol Abbr. Quantity Botanical Name / Common Name Size Type Spacing (% cover) v y y y PLANTINGS y y y ANCA 1,302 Anemopsis californica - yerba mansa 1 gal Herb 2' o. c. (5%) y y " ANSU 1,023 Anthrocnemum subterminale - Parish's glasswort (pickleweed)* liners Succulent 2' o. c. (4%) y y y y BASN 167 Baccharis salicina - willow baccharis 1 gal Shrub 6' o. c. (6%) y y y y DISP 2,603 Distichlis spicata - saltgrass liners Grass 2' o. c. (10%) y y y y y FRSA 2,045 Frankenia salina - alkali heath liners Herb 2' o. c. (8%) y y y y y y JACA 1,302 Jaumea carnosa - fleshy jaumea* D-40 Succulent 2' o. c. (5%) y y y JUAC 428 Juncus acutus (ssp. leopoldii) - spiny rush 1 gal Large herb 6' o. c. (15%) y y y MOLI 1,543 Monanthochloe littoralis - shoregrass* liners Grass 2' o. c. (6%) y y y y SAPA 3,607 Salicornia pacifica - pickleweed liners Succulent 2' o. c. (14%) y y SUTA 335 1 Suaeda taxifolia - woolly sea blite 1 gal Succulent 3' o. c. (3%) y y Total Coverage 73% y y y y SEED y y y y y y y Botanical Name / Common Name Type Application Rate: Bulk Lbs / Acre y y y Amblyopappus pusillus - dwarf coastweed* Herb TBD y y Zi Anemopsis californica - yerba mansa Herb 2.0 y y y Artemisia douglasiana - mugwort Herb 2.0 Al y Cressa truxillensis - alkali weed Herb 4.0 y y y Al Distichlis spicata - saltgrass Grass 3.0 y y y y Eleocharis palustris - common spikerush* Grass 1.0 y y Elymus triticoides - beardless wild rye Grass 3.0 y y y y y y y Frankenia salina - alkali heath Herb 4.0 y y y y y Heliotropium curassavicum - salt heliotrope Herb 3.0 y Lasthenia glabrata - goldfields Herb 2.0 y y y y Plantago erecta - California plantain Herb 10.0 Shrub Pluchea odorata - salt marsh fleabane Herb 2.0 y y Total Bulk Lbs /acre > 36 y y y y y y Total Bulk Lbs /acre > 67 *Special collections required Plant Schedule: High Alkali Meadow Habitat = 3.30 Acres (143,644 S.F.) Symbol Abbr. Quantity Botanical Name / Common Name Size Type Spacing (% cover) 444 4 4 PLANTINGS 4 4 4 4 444444 BAPI 692 Baccharis pilularis - coyote brush 1 gal Shrub 4' o. c. (6%) 444 4444 4 CACH 923 Camissoniopsis cheiranthifolia - beach evening primrose 1 gal Shrub 4' o. c. (8%) Baccharis salicifolia - mule fat Shrub 2.0 Baccharis pilularis - coyote brush Bromus carinatus - California brome grass Grass 4.0 4 4 44 44 DISP 5,474 Distichlis spicata - saltgrass Liners Grass 1.5' o. c. (12%) 7,321 4 44 4 44 FRSA Plantago erecta - California plantain Frankenia salina - alkali heath Liners Herb 1.5' o. c. (16%) 444 4 44 JUAC 297 Juncus acutus ssp. leopoldii - spiny rush 1 gal Large herb 6' o. c. (6%) 4 44 4 44 LICA 627 Limonium californicum - sea Iavendar 1 gal Herb 3' o. c. (3%) 4 Total Coverage 62% Platanus racemosa - western sycamore SEED Tree Botanical Name / Common Name Type SANI 297 Sambucus nigra ssp. caerulaea - blue elderberry 1 gal Tall shrub 6' o. c. (6%) 44 44 Shrub 3 'I' �I� 1 ,I, Encelia californica - California encelia Shrub 2 44 4 44 4 SEVE 1,814 Sesuvium veruccosum -western sea -purslane Liners Succulent 2' o. c. (4%) 4 44 4 SUTA 594 Suaeda taxifolia - woolly seablite 1 gal Succulent 3' o. c. (3%) 44 2 Shrub Grass Lupinus bicolor - miniature lupine Herb 3 Grass -like Plantago erecta - California plantain Herb 8 4 4 4 4 4 4 Total Coverage 64% cover 4 4 4 SEED 44 44 Grass 4 44 4 4 Botanical Name / Common Name Type Application Rate: Bulk Lbs / Pluchea odorata - salt marsh fleabane Total Bulk Lbs 21 Acre 444444 444 444 Ambrosia psilostachya - western ragweed Forb 3.0 4 4 4 4 Amsinckia menziesii - small -flowered fiddleneck Herb 2.0 444 4 4A 4 Artemisia dracunculus - tarragon Shrub 2.0 444444 444"44 Cressa truxillensis - alkali weed Herb 4.0 4 4 4 4 4 4 Distichlis spicata - saltgrass Grass 3.0 444444 44 4 4 4 4 Elymus triticoides - beardless wild rye Grass 3.0 444 4 4 4 Festuca microstachys - small fescue Grass 3.0 44 4 4 4 4 4 Frankenia salina - alkali heath Herb 4.0 444444 Heliotropium curassavicum - salt heliotrope Herb 4.0 444 444 Lasthenia glabrata - goldfields Herb 2.0 4 444444 Limonium californicum - sea Iavendar Herb 2.0 444444 Malvella Ieprosa - alkali mallow Herb 5.0 4 444 4 Plantago erecta - California plantain Herb 8.0 4444 ad Total Bulk Lbs / Acre 45.0 4 4 4 4 4 4 Total Bulk Lbs 148 Plant Schedule: Invasive Removal / Native Riparian = 2.45 Acres (106,728 S.F.) Symbol SEED Quantity Botanical Name / Common Name Type Application Rate: Bulk Lbs / Acre / / Ambrosia psilostachya - western ragweed Herb 3.0 ATLE Anemopsis californica - yerba mansa Herb 3.0 Shrub Artemisia douglasiana - mugwort Forb 3.0 45 Artemisia dracunculus - tarragon Shrub 3.0 6' o. c. (6%) Baccharis salicifolia - mule fat Shrub 2.0 Baccharis pilularis - coyote brush Bromus carinatus - California brome grass Grass 4.0 / Eleocharis palustris - common spikerush Grass -like 1.0 1 gal Elymus triticoides - beardless wild rye Grass 2.0 MALA Plantago erecta - California plantain Herb 8.0 Large shrub Total Bulk Lbs / Acre 29 / / / / Total Bulk Lbs (Assume 20% of Total Area) 14 VERIFY SCALE 0 1 " ONE INCH BAR. ADJUST SCALES ACCORDINGLY. Plant Schedule: Upland Transition Habitat = 0.54 Acres (23,544 S.F.) Symbol Abbr. Quantity Botanical Name / Common Name Size Type Spacing (% cover) X11 I PLANTINGS ATLE 45 Atriplex lentiformis - quailbush 1 gal Shrub 6' o. c. (6%) �I' 1 •1, ,I, ATCA 45 Atriplex canescens - four -winged saltbush 1 gal Shrub 6' o. c. (6%) fit 1 111 •1, ,1, BAPI 259 Baccharis pilularis - coyote brush 1 gal Shrub 4' o. c. (14%) HEAR 48 Heteromeles arbutifolia - toyon 1 gal Large shrub 8' o. c. (10%) 11,11 1 MALA 48 Malosma laurina - laurel sumac 1 gal Large shrub 8' o. c. (10%) 'it I ,1, ,I, �,1,�1 PEAR 69 Peritoma arborea - bladderpod 1 gal Shrub 6' o. c. (8%) 'I, I ,I, ,1, I RHIN F39 Rhus integrifolia - lemonadeberry 1 gal Large shrub 8' o. c. (8%) 1' 'I, 1 ,1, 1�,1, Total Coverage 62% Platanus racemosa - western sycamore SEED Tree Botanical Name / Common Name Type Application Rate: Bulk Lbs / Acre 29 29 Acmispon glaber - deerweed Shrub 2.5 12'o. c. (6%) 12'o. c. (6%) Artemisia californica - California sagebrush Shrub 3 'I' �I� 1 ,I, Encelia californica - California encelia Shrub 2 Type Eriogonum fasciculatum - California buckwheat Shrub 3 Herb Eriophyllum confertiflorum - golden yarrow Herb 2 Herb Forb Isocoma menziesii - coastal goldenbush Shrub 2.5 Shrub Lasthenia glabrata - goldfields Herb 2 Shrub Grass Lupinus bicolor - miniature lupine Herb 3 Grass -like Plantago erecta - California plantain Herb 8 Grass Stipa pulchra - purple needlegrass Bunchgrass 6 Grass Festuca microstachys - small fescue Grass 4 Herb Total Bulk Lbs / Acre 38 Pluchea odorata - salt marsh fleabane Total Bulk Lbs 21 Plant Schedule: Riparian Corridor = 1.19 Acres (51,825 S.F.) Symbol Abbr. Quantity Botanical Name / Common Name Size Type Spacing (% cover) X11 I TREE / SHRUB PLANTINGS BASA 143 Baccharis salicifolia - mule fat cuttings Shrub 6' o. c. (8%) �I' 1 •1, ,I, BASN 143 Baccharis salicina - willow baccharis 1 gal Shrub 6' o. c. (8%) fit 1 111 •1, ,1, RISP 167 Ribes speciosum - fuchsia -flowering gooseberry 1 gal Shrub 4' o. c. (4%) ROCA 286 Rosa californica - California wild rose 4" pots Herb 3' o. c. (4%) 11,11 1 SAEX 143 Salix exigua - sandbar willow 1 gal Shrub 6' o. c. (8%) 'it I ,1, ,I, �,1,�1 SALA 119 Salix lasiolepis - arroyo willow cuttings Tree 8'o. c. (12%) 'I, I ,I, ,1, I SAN 100 Sambucus nigra ssp. caerulaea - blue elderberry 1 gal Tall shrub 8'o. c. (10%) 1' 'I, 1 ,1, 1�,1, PLRA 29 Platanus racemosa - western sycamore 1 gal Tree 12'o. c. (6%) 11'1 '1' I �I, fit '1' POFR SAGO 29 29 Populus fremontii - Fremont cottonwood Salix gooddingii - black willow 1 gal cuttings Tree Tree 12'o. c. (6%) 12'o. c. (6%) Total Coverage 72% cover 'I' �I� 1 ,I, SEED �I� •1, ,1, ,1, ,1, Botanical Name / Common Name Type Application Rate: Bulk Lbs / Acre �"oil '1' Ambrosia psilostachya - western ragweed Herb 3.0 oil 'I� •1, ,1, Anemopsis californica - yerba mansa Artemisia douglasiana - mugwort Herb Forb 3.0 3.0 I �I, ,I, 1 1 I Artemisia dracunculus - tarragon Shrub 3.0 1, ,I, 1 'j, 1 1 1 1 Baccharis salicifolia - mule fat Bromus carinatus - California brome grass Shrub Grass 2.0 4.0 �I, •I, ,I, 1 I Eleocharis palustris - common spikerush Grass -like 1.0 '1' 1 •I, �1 Elymus triticoides - beardless wild rye Grass 2.0 Muhlenbergia rigens - deergrass Grass 2.0 Plantago erecta - California plantain Herb 8.0 ' 1 IIS 1 •1, ,1, Pluchea odorata - salt marsh fleabane Herb 2.0 Total Bulk Lbs / Acre 33 Total Bulk Lbs 39 E O 0 U Q rn N 0 N 0 0 M 0 N Q) 0 a_ C 0 c 0 U n rr PLANT SPACING DETAIL CUT TOP SQUARE FOR EASIER INSTALLATION. PROTECT TOP FROM SPLITTING. 4" BERM AROUND EACH INSTALLED CUTTING WITHIN 1' OF THE CUTTINGS ON BOTH SIDES, CREATING A WATERING BASIN MULCH TO 24" DEPTH, NOT PLACED DIRECTLY AGAINST MAIN STEM OF THE CUTTING BURY 2/3 OF CUTT SOIL, STAKE LE LENGTH SHALL LIVE CUTTING INSTALLATION DETAIL EDGE OF GROUNDCOVER AREA / WALK EDGE DISTANCE FROM EDGE IS 1/2 THE SPECIFIED O.C. SPACING ROW PLANT CENTER TRI -SPACE, AT SPECIFIED O.C. DISTANCE MULCH ROOTBALL TOPSOIL NATIVE SOIL NOTE: KEEP MULCH APPROX. 6" AWAY FROM PLANT TRUNK OR STEM SCALE: N.T.S. MINIMUM DEPTH 2 X ROOTBALL i MINIMUM WIDTH 2 X ROOTBALL CONTAINER SHRUB PLANTING DETAIL TO PROTRUDE A MINIMUM _EAF NODES TUTTING WITH BUDS 1 UP LANTING HOLE 1.5X DEEPER THAN LENGTH F CUTTING AND 1.5' WIDE, BACKFILLED (ITH A MIX OF 1/3 SPECIFIED COMPOST ND 2/3 NATIVE SOIL TRIM OFF BRANCHES WITH CLEAN CUTS NATIVE SOIL iATA45 DEGREE ANGLE SCALE: N.T.S. VERIFY SCALE 0 ill ONE INCH BAR. ADJUST SCALES ACCORDINGLY. FINISHED GRADE SET CROWN OF ROOTBALL 1-2" ABOVE FINISH GRADE MULCH FINISH GRADE PLANTING BACKFILL mti]t•I9_[ a2*460Y910Eel &IM10Eel SZ FIRM STABLE BASE UNDISTURBED NATIVE SOIL FLAT PL. COMPOSED( NOTE: A 36" DIA. WATERING BASIN SHALL BE PROVIDED AROUND EACH PLANT. KEEP MULCH APPROX. 6" AWAY FROM PLANT TRUNK OR STEM. SCALE: N.T.S. PLACE ROOT COLLAR AT SURROUNDING GRADE ROOTED CUTTING PLANT WITH DIBBLE OR METAL BAR OF A DIAMETER SLIGHTLY LARGER THAN ROOT MASS. CAREFULLY COMPACT SURROUNDING SOIL. 114r% 1 IV SOIL � EXISTING SLOPE TREE & SHRUB PLANTING ON SLOPES DETAIL HERBACEOUS PLUG, CONE, OR BARE ROOT HERBACEOUS PLANT 6" MIN. PLANT BAREROOT OR PLUG IN LOOSE, —III"'I l�i I ISI I II i1 MOISTENED SOIL. BACKFILL CAREFULLY AROUND ROOT SYSTEM BAREROOT, PLUG, ROOTED CUTTING DETAIL NATIVE SOIL SCALE: N.T.S. SCALE: N.T.S. NOTES 1. THE LIMITS OF WORK SHALL BE FLAGGED IN THE FIELD PRIOR TO ANY CLEARING ACTIVITIES. 2. THE HABITAT RESTORATION LIMITS OF WORK EXTEND BEYOND THE GRADING LIMITS. WORK IN SELECT REMOVAL AREAS INCLUDES CLEARING AND REMOVAL OF INVASIVE SPECIES AND PLANTS INFESTED WITH PSHB, PROTECTION OF NATIVE VEGETATION TO REMAIN, SOIL PREPARATION AND AMENDMENT, AND SEEDING OF DISTURBED AREAS. 3. ALL AREAS TO BE PLANTED SHALL BE CLEARED AND GRUBBED OF INVASIVE SPECIES PER THE SPECIFICATIONS. PRIOR TO PLANTING, PLANTING ZONE BOUNDARIES SHALL BE STAKED IN THE FIELD FOR REVIEW AND ADJUSTMENT BY ENGINEER BASED ON FIELD CONDITIONS FOLLOWING CLEARING AND GRUBBING AND GRADING ACTIVITIES. 4. CONTRACTOR SHALL VERIFY ALL QUANTITIES, MEASUREMENTS, AND SITE CONDITIONS. 5. A POST -GRADING MEETING WILL BE HELD TO REVIEW FINISH GRADING PRIOR TO COMMENCING PLANTING. 6. PLANTING PERIOD IS WEATHER DEPENDENT AND PLANTING SEQUENCE SHALL BE ADJUSTED ACCORDING TO SOIL MOISTURE. 7. ALL SEEDING ACTIVITIES SHALL CONFORM TO NORMAL LANDSCAPE INDUSTRY STANDARDS. INFERIOR SEED WILL BE REJECTED BY ENGINEER. 8. IF PURITY/GERMINATION RATES OF PROVIDED SEED ARE LESS THAN SPECIFIED, THE BULK POUNDS OF SEED PER ACRE SHALL BE ADJUSTED TO ACHIEVE THE DESIRED PURE LIVE SEED (PLS) PER ACRE. 9. CONTRACTOR SHALL CONTROL NOXIOUS OR INVASIVE WEEDS WHICH MAY DEVELOP ON SITE DURING MAINTENANCE PERIOD. SEE SPECIFICATIONS FOR MORE INFORMATION. 10. CONTRACTOR SHALL REPAIR AND SEED ALL AREAS DISTURBED THROUGHOUT COURSE OF CONSTRUCTION WITH APPROPRIATE SEED MIX AND APPLICATION RATE AS PRESCRIBED IN PLANT SCHEDULE. 11. PLANTS SHALL BE PLACED IN GROUPS OF LIKE VARIETY AT SPACING NOTED IN LEGEND (EX. 25 ROSA CALIFORNICA OR 15 BACCHARIS SALICIFOLIA TOGETHER). 12. ALL DISTURBED AREAS SHALL BE SEEDED, MULCHED AND STABILIZED. 0 co Y U .91 P 11 O o n aJ,— o o. SAN F 7 PHASE 2A BOUNDARY POC PHASE 1 POINT OF CONNECTION PHASE 1 MAINLINE PHASE 2A MAINLINE CREEK CENTERLINE I NOTES 4 � 8 � ° o C3 O •� O O O Lw'JO Opp _Lc Q V QQ • p a� oo o c�oc� CS-� O J a • a ° IRRIGATION CONNECTION PLAN SCALE: 1 " = 80' 1. SEE SHEET L-7 FOR IRRIGATION NOTES AND SCHEDULE. 2. SEE SHEET L-8 FOR IRRIGATION DETAILS. 3. ELEVATION AND PRESSURE AT MAINLINE IS APPROXIMATE BASED ON PROPOSED LAYOUT AND ASSUMED VERIFY SCALE CONDITIONS. CONTRACTOR TO VERIFY AND NOTIFY ENGINEER OF ANY DISCREPANCY. 0 1" ONE INCH BAR. ADJUST SCALES ACCORDINGLY. 4� ° oma- a� 0 Q D a n APPROX. MAINLINE CONNECTION LOCATION N: 2175854.9328 E: 6066115.2349 - 73 PSI I 111 PHASE 1 POINT OF CONNECTION - EL. 92' - 80 PSI INSR---�--- . � 1, �.,. , , alp i; 1 '1 :1 1.1 SCALE (FEET) C-8208-2 LEGEND ■ ■ PHASE 2A MAINLINE CREEK CENTERLINE I NOTES �L.m VJ«tt✓L'/t���� ^ �����OV����l���������������00������r•�w11�_�����`y���t������������a�����������i�������������� � p4w d FAha D Em 10ow ��. 2 1/2" 3/4" O 1/2" O 3/4" 1.. a 11/2" 2•' 21/2.. \ / 2 11/2" O , 314.. o 0 \ 11/2" / 3/4" 3/4" 3/4" 3/4" 3/4" O 3.. 3/4" 3/4.. 3/4" 2.. 1.. O 1.. 3/4"-t 21/2" a 3/4.. A 1/2" o D 1" /� z, 103/4" 1.. 3/4" 26 / 1.. 3/4" \ � 3/4" D 3/4" \ 1" O �Q o �h 3/4" 3/4"1 1/2" 1 " 3/4" �'� 3/4" 3/4 / 0)0 C7� 3/4.. i 3/4" 3/4" � d O a �- 314" 2.. \ 3/4" � 1 1/2" D � � 3/4" 0 1 1/2" 3/4" 1 1 1/2" \� O \ � � � C) O 0 \ 3/4" D 3/4" q •• \/4 . 3/4" \ 3/4' 3/4" 1.. 2.. 3/4.. 4 3 4., o 2.. 3" \\ \ 0 * 3/4 3/4" 2 1 /2.. Q 0 0 3/4" o D \ 1,� 0 0 \ 3/4" 1 1/2" 2 1/2" Q J 3/4'.0 � 3.. 3/4" 3.. O 3/4" • ' � � O 3/4' � 1.. (DQ •- 3/4" p C>O O Ld 3/4 2" • p ' 1 1/2" 3.. = 29 \ 3/4.. 3/4" 3/4" 3/4" U) O � Q Q QDLd \ Q 3. 3/4" \ 1.. O 1.. ` 3/4" W o I � 1 1/2" � 3/4" O 1 1/2" 3.. d O 314" \ 1.. 1" 3/4" � 1 1/2" 0 3/4" O 3., p b 1 \ � 3l4" � � \ D- 3/4" 2 �\ � O 1 1/2" �� 12.76 U16 111 A5.86 � � \ \ \/ 1 1/2"0 1" .. 92.5 �w 3/4" 1.. 3 / SETE E NO3 3.. \ o C) �� 98.72 A7 2" _ O f 3" 97.41 'es Q 1„ o /,�,/ 0 15 30 60 SCALE (FEET) 10I / Q \ �' 3/4" — — 0-8208-2 IRRIGATION CONNECTION �pNpSCgpF BIG CANYON RESTORATION PROJECT - PHASE 2A SCALE: 1" = 30' ESA N LIC--- q PLAN ° °°�sF �cti IRRIGATION PLAN -NORTH VERIFY SCALE 1. SEE SHEET L-7 FOR IRRIGATION NOTES AND SCHEDULE. 0 1"'A 2. SEE SHEET L-8 FOR IRRIGATION DETAILS. 3. IRRIGATION LINES LOCATED ADJACENT TO TRAILS OR ONE INCH BAR. RE N 01/31/2021 Q 550 WEST C STREET, A RENEWAL DATE SUITE 7504/10/2019 DESIGNED: DRAWN: SAN DIEGO, CA 92101 �� DATE �(3 T. JOHNSON T. FISCHER L -b CITY OF NEWPORT BEACH P -5265-S ROADWAYS SHALL BE INSTALLED BELOW GRADE. accoRDSNALYS OFFICE -619.719.4200 OF cA\,\ CHECKED: DATE: wWW.ESASSOC.COM PUBLIC WORKS DEPARTMENT NO. DATE DESCRIPTION OF REVISIONS APPROVED SHEET 130F 16 A. BORGONOVO 6/24 2019 LEGEND ■ ■ PHASE 2A MAINLINE CREEK CENTERLINE NOTES 1. SEE SHEET L-7 FOR IRRIGATION NOTES AND SCHEDULE. 2. SEE SHEET L-8 FOR IRRIGATION DETAILS. 3. IRRIGATION LINES LOCATED ADJACENT TO TRAILS OR ROADWAYS SHALL BE INSTALLED BELOW GRADE. IRRIGATION CONNECTION PLAN SCALE: 1 " = 30' 2 1/2" 1 1/2" 3/4" mom 11 Fill iM 1 3/4" 3'• 3/4" 3/4" L) \ \♦ 1 �\ 3.. ♦ ♦� 1112" \ 0 3/4" ° \ , 3/4" O 2" Q \ 3/4" 3/4" SL3/4" Q 1 " 3/4" ,\% —"_i \ \\ 4 3/4" 1 1/2" Q � \ 2.. 1.. `3/4•• �I 2 1/ 3/4,. O 3/4"" D \J 1 1/2" O 1., \ 1/2" 3.. 2g \ a 6 O ° Q O 1 1/2" � o 0 2" \ 3/4" 3/4" 3/4" \ 3/4" O 3/4" LD 3/4" o � v 11/2" 0 21/2" ■ 97.86 \ 12.76 3/4" O o A5 2" _ 3/4" U6 1 ♦ ♦ 3" 1 1/2" 3/4" \ e LLJ w \♦♦ Li ♦ \3/4" 1` 1/2"3/4 2 1/2" 4% O Q o 2„ o Q All \ � 2.. 3 o O .. O 97.72 11/2" \ A4 2" 3/4" \ 98.46 \ o 3/4" A3 2" \ 3/4" O O 38.72 0 15.15 � 3/4" U1 1 3/4" 3/4" 1 „ � � ^ /q 3/4" n p \ 11/2" ♦ ♦ O 3/4" \ 3/4" SEE NOTE 3 1.. 3/a" 0 15 30 60 ♦ \ o SCALE (FEET) IAr—_ C-8208-2 ESA �PNDSCgpF BIG CANYON RESTORATION PROJECT - PHASE 2A � �s°N IC --- F IRRIGATION PLAN—SOUTH VERIFY SCALE 0 1„ A RE L-6 550 WEST C STREET, u' 01/31/2021 RENEWAL DATE SUITE ONE INCH BAR. SAN DIEGO, CA92101 9�F 4/10D/AE (3 DE TG JOHNSON DRAWT. N FISCHER CITY OF NEWPORT BEACH P -5265-S ADJUST SCALES OFFICE - 619.719.4200 OF C AL\� ACCORDINGLY. WWW.ESASSOC.COM AH BORGONOVO DATE 24 2019 NO. DATE DESCRIPTION OF REVISIONS APPROVED PUBLIC WORKS DEPARTMENT SHEET 140F 16 IRRIGATION NOTES 1. CONTRACTOR TO USE THE MATERIALS AND SYMBOLS ON THIS SHEET AS SHOWN IN THE IRRIGATION DESIGN SUBMITTAL. 2. MAINLINE IS SHOWN BENEATH PAVING SURFACES AND OUTSIDE WORK LIMITS FOR GRAPHIC CLARITY ONLY. ACTUAL LOCATION IN PLANTING AREAS, UNLESS OTHERWISE NOTED OR APPROVED BY CITY. 3. THE IRRIGATION SYSTEM OPERATION AND DESIGN ARE BASED ON A MINIMUM AVAILABLE STATIC PRESSURE OF 80 PSI AT THE POINT OF CONNECTION AND 100 GPM FLOW RATE AND IS INTENDED TO MEET MANUFACTURERS MINIMUM OPERATING CRITERIA FOR ALL SYSTEM COMPONENTS. THE CONTRACTOR SHALL VERIFY THE DESIGN PRESSURE AND VOLUME BEFORE DESIGN AND INSTALLATION AND NOTIFY ENGINEER OF ANY DISCREPANCY PRIOR TO COMMENCING WORK. 4. VERIFY LOCATION AND DEPTH OF SANITARY SEWER, STORM DRAIN, TELEPHONE, AND ANY OTHER UTILITIES ON SITE PRIOR TO COMMENCING WORK. 5. CONTRACTOR SHALL LOCATE AND TIE-IN TO EXISTING PHASE 1 MAINLINE AS SHOWN. MAINLINE SHALL BE EXTENDED FROM PHASE 1 INTO PHASE 2A ALONG ACCESS ROAD/TRAIL. 6. COORDINATE LOCATION OF REMOTE CONTROL VALVE ASSEMBLIES AND SLEEVES. COORDINATE ALL WORK WITH OTHER TRADES INVOLVED. 7. ALL VALVES WILL BE PLACED IN VALVE BOXES IN A MANNER THAT FACILITATES ACCESS FOR MAINTENANCE. SIZE BOXES TO ACCOMMODATE COMPLETE VALVE ASSEMBLY. MAINTAIN MIN. 12" BETWEEN VALVE BOXES AND PAVED SURFACES. 8. CONTRACTOR TO MARK LAYOUT OF TRENCHES AND VALVE LOCATIONS FOR PREVIEW BY ENGINEER IN FIELD PRIOR TO CONSTRUCTION. 9. THE CONTRACTOR SHALL INSTALL QUICK COUPLING VALVES AT EACH END OF MAINLINE, AND AT 200' INTERVALS ALONG MAINLINE. 10. CONTRACTOR SHALL COORDINATE WITH CITY OF NEWPORT TO ACCESS, TIE-IN TO AND EXPAND EXISTING CONTROLLER LOCATED NEAR THE P.O.C. THE EXISTING CONTROLLER HAS 36 STATIONS WITH 14 ZONES AVAILABLE FOR USE IN PHASE 2A AND CAN BE EXPANDED TO 48 ZONES. IRRIGATION LEGEND ROTOR HEADS HIGH ALKALI R SYMBOL DESCRIPTION NOZZLE GPM P.S.I. RADIUS 1-1/2" TORO 570Z -12P PRX COM E HUNTER MP1000-T 90 .23 45 14' 3" TORO 570Z -12P PRX COM E HUNTER MP1000-T 180 .44 45 14' O TORO 570Z -12P PRX COM E HUNTER MP1000-T 360 .88 45 14' TORO 570Z -12P PRX COM E HUNTER MP2000-T 90 .46 45 21' E) TORO 570Z -12P PRX COM E HUNTER MP2000-T 180 .85 45 20' 0 TORO 570Z -12P PRX COM E HUNTER MP2000-T 360 1.57 45 20' 0 TORO 570Z -12P PRX COM E HUNTER MP3500-T 90 1.38 45 35' TORO 570Z -12P PRX COM E HUNTER MP3500-T 180 3.10 45 35' TORO 570Z -12P PRX COM E HUNTER MP3000-T 360 3.86 45 30' z'o HUNTER RZWS-18-25-CV (2 PER TREE) 0.25 45 1 EQUIPMENT SYMBOL DESCRIPTION REMOTE CONTROL VALVE: GRISWOLD DWS-PRV BRASS PRESSURE REDUCING VALVE BALL VALVE: MATCO 754N BRASS, LINE SIZE QUICK COUPLER: RAINBIRD 44 -NP NON POTABLE BRASS. SEE NOTE 14 HEREIN. MANUAL DRAIN VALVE, SEE SPECIFICATIONS LATERAL LINE, SCH. 40 PVC — — — — — MAINLINE, CLASS 315 PVC, SIZE: 3" UNLESS OTHERWISE NOTED ----_- SCHEDULE 40 PVC SLEEVE - 6" MIN, UNLESS OTHERWISE NOTED © CONTROLLER: RAIN MASTER EVOLUTION DX2 - FLOW, RADIO & ANTENNA (EXISTING) 36 ZONE MASTER VALVE: GRISWOLD 2000L (EXISTING) FLOW SENSOR: RAIN MASTER EVFM - 2" (EXISTING) REDUCED PRESSURE BACKFLOW: FEBCO 825Y - 2" (EXISTING) GALLONS PER MINUTE 43.67 R2 1.5" VALVE SIZE HABITAT TYPE ZONE NUMBER HABITAT TYPE DESIGNATOR H HIGH ALKALI R RIPARIAN U UPLAND W WET ALKALI NOTES A. FLOW IN PIPING SHALL NOT EXCEED 5 FEET PER SECOND VELOCITY. A. DEMANDS OF SYSTEM DESIGN SHALL NOT EXCEED PERFORMANCE CRITERIA OF WATER METER. B. SEE SPECIFICATIONS FOR ALL PERFORMANCE REQUIREMENTS GPM PIPE SIZE 0 - 7 3/4" 8-12 1" 13-22 1-1/4" 23-30 1-1/2" 31 -50 2" 51 -70 2-1/2" 71-110 3" PIPE SIZING - SCHEDULE 40 PVC VERIFY SCALE 0 1" ONE INCH BAR. ADJUST SCALES ACCORDINGLY. SCALE: N.T.S. C-8208-2 c 0 W U 0 E N u -i VA 0 N Q) U) 0 n c 0 c 0 0 6" ROUN^ VALVE BC FLOW SENSC MAINLINE PIPE SIZE E, TO FLOW SEI MASTER CONTROL VALVE (EXISTING - FOR INFORMATION ONLY) MOUNTING PAD 28" X 28" X 8" MIN. CONCRETE PAD � BEVELED EDGES PEDESTAL MOUI z 7- U NOTE ONTROLLER FAINLESS STEEL DESTAL AL WITH DSED NOTES: 1) CONTROLLER SHALL BE RAINMASTER EVOLUTION DX2 WITH FLOW, RADIO, AND LOW PROFILE ANTENNA. 2) FLOW SENSOR SHALL BE RAINMASTER MODEL FS-BXX. CONTROLLER (EXISTING - FOR INFORMATION ONLY) FLOW SENSOR MASTER VALVE DOUBLE CHECK ASSEMBLY BALL VALVE (LINE SIZE) EXISTING WATER — METER (2"), STATIC PRESSURE = 80 P.S.I. POINT OF CONNECTION / WATER SERVICE (EXISTING - FOR INFORMATION ONLY) CONTRACTOR SHALL DESIGN AND INSTALL IRRIGATION SYSTEM IN CONFORMANCE WITH THESE DETAILS. 30" TER VALVE KING VALVE BOX SCH. 40 P.V.C. FITTINGS DRAIN ROCK UNDER VALVES LINE FROM METER SCALE: N.T.S. ITEM DESCRIPTION A,13 2" CONDUIT - STATION WIRING C 1" CONDUIT - COMMUNICATION D AC POWER CONDUIT E 1" CONDUIT - SENSOR WIRING F EXTERNAL ANTENNA G GROUNDING ROD 1.5" TYP: © O O 14" © O o �16 BOLT AND CONDUIT LAYOUT (4) .5" DIA BOLT HOLES 2011 MIN. TO CONTROLLER PE -39 CABLE e nil RAA 10.11 IAIr SCALE: N.T.S. SCALE: N.T.S. HEAT QUICK COUPLER DETAIL HEAT BRAND VALVE BOX, SEE SPECS PVC PIPE & FITTINGS UPSTREAM OF THE ISOLATION VALVE TO BE THE SAME SIZE AS THE MAINLINE. ISOLATION VALVE SAME SIZE AS REMOTE CONTROL VALVE. 24 D 00 REMOTE CONTROL VALVE DETAIL QUICK COUPLER IN VALVE BOX WITH LID FINISH GRADE DRAIN ROCK MIN. 3" DEEP SCH. 80 NIPPLE BRICK OR CONC. BLOCK, TYP. SCH. 40 F/F THREADED ELL SCH. 40 M/S ELL. 3/4" IPS FLEX PVC HOSE GLUED TO ELL'S SCH. 40 M/S ELL. SCH. 40 TEE OR ELL., TYP. MAINLINE OR LATERAL LINE #4 REBAR STAKE IRRIGATION SLEEVE UNDER ROADS DETAIL VERIFY SCALE 0 1 ONE INCH BAR. ADJUST SCALES ACCORDINGLY. SCALE: N.T.S. FINISH GRADE VALVE BOX WITH LOCKABLE LID LATERAL LINE REMOTE CONTROL VALVE WITH 18" COIL OF WIRE & MALE REDUCER SCH. 80 NIPPLE (S X T) ISOLATION VALVE WITH MALE REDUCER SCH. 40 ELL. DRAIN ROCK MIN. 3" DEEP SCH. 80 NIPPLE BRICK OR CONC. BLOCK SCH. 40 ELL. SCH. 40 TEE OR ELL., TYP. MAINLINE SCH. 80 COMPRESSION UNION GRAVEL PAVING CLEAN AND LIGHTLY COMPACTED BACKFILL TRACKING WIRE, 6" ABOVE MAINLINE SCHEDULE 40 PVC SLEEVE SCALE: N.T.S. SCALE: N.T.S. HEAT BPonin \ioi yip Rnu c --pp cppr-c SCH 80 ADAPTER & FITTINGS TO BE SAME SIZE AS ISOLATION VALVE. ISOLATION / BALL VALVE DETAIL RISER HEIGHT (NOTE 3) 36" MIN. 24 D ROTOR ON RISER DETAIL VALVE BOX WITH LOCKABLE LID FINISH GRADE MALE ADAPTER/ REDUCER, BOTH SIDES MAINLINE GATE VALVE W/ WEDGED SEAL, EQUIPPED FOR KEYED OPERATION 4" MIN. DRAIN ROCK BRICK OR CONC. BLOCK SCH. 80 COMPRESSION UNION BOTH SIDES SCALE: N.T.S. STAINLESS STEEL HOSE CLAMPS (TYP.) 3/4" GALV. RISER STRAPPED TO 6'-0" T -POST W/ HOSE CLAMPS (2) SCHED. 40 PVC STREET ELLS 18" SCHEDULE 80 PVC MARLEX STREET ELLS (TYP.) PVC LATERAL LINE NOTES 1. WRAP ALL THREADED FITTINGS W/ 5 WRAPS OF TEFLON TAPE. 2. SWING JOINT SIZE SHALL BE SAME SIZE AS VALVE BOTTOM INLET. 3. MINIMUM RISER HEIGHT. 3.a. UPLAND - 18" 3.b. ALKALI - 36" 3.c. RIPARIAN - 5 FEET IRRIGATION TRENCH DETAIL SCALE: N.T.S. PIPE STAPLE FINISH GRADE LATERAL LINE CLEAN AND COMPACTED BACKFILL TRACKING WIRE, 6" ABOVE PIPE MAINLINE SCALE: N.T.S. C-8208-2